Legal Opinion
Lombardo v. St. Francis Hospital Rehabilitation Services
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 2005PublishedCited by 8 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated April 23, 2004, as granted the defendants’ motion pursuant to CPLR 3126 to strike the complaint for failure to comply with discovery demands.
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the motion is denied.
*386The Supreme Court improvidently exercised its discretion in striking the complaint absent a clear showing that the…
2Cases cited4 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Vancott v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Centerport Insurance Agency, Inc. v. Atlantic Fabricators of Rhode Island, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Payne v. Rouse Corp.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- Moog v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Nieves v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Resnick v. SchwarzkopfAppellate Division of the Supreme Court of the State of New York · 2007
- Mawson v. Historic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Manko v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2007
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