Legal Opinion

Aviles v. San Rafael Cooperativa de Ahorro y Credito

Appellate Division of the Supreme Court of the State of New York

Decided May 20, 2004Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 15, 2003, which denied defendant’s motion to vacate a compliance conference order entered upon its default, and order, same court and Justice, entered June 16, 2003, which denied defendant’s motion to renew, unanimously affirmed, without costs.

Defendant’s failure to appear at the compliance conference was part of a persistent pattern of deliberate noncompliance with discovery obligations warranting the striking of its answer (see Dweck Law Firm v Mann, 2 AD3d 188 [2003]). Although the motion court incorrectly deemed…

2Cases cited1 opinion

  1. Dweck Law Firm v. MannAppellate Division of the Supreme Court of the State of New York · 2003

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