Jenkins v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for false arrest and malicious prosecution, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated March 10, 2004, as granted their motion to strike the defendants’ answer only to the extent of directing a further examination before trial and awarding an attorney’s fee and costs.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that actions should be resolved on their merits whenever possible, and that the drastic remedy of…
2Cases cited8 opinions
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Simpson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Morano v. Westchester Paving & Sealing Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- 181 South Franklin Associates, Inc. v. Y&R Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
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3Cited by18 opinions
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- 1523 Real Estate, Inc. v. East Atlantic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Argo v. Queens Surface Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Nieves v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
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