Legal Opinion
Frye v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1996PublishedCited by 20 opinions
1Opinion of the Court
The IAS Court did not improvidently exercise its discretion in declining to strike defendants’ answer pursuant to CPLR 3126 for noncompliance with prior disclosure orders inasmuch as plaintiff failed to establish that defendants’ failure to appear at court-ordered examinations before trial was willful or contumacious, and since defendants offered a reasonable excuse for their good-faith, albeit belated, efforts to comply (Rossi v Lin, 189 AD2d 868; Bassett v Bando Sangsa Co., 103 AD2d 728). Although the record indicates that defendants were less than diligent in meeting court deadlines, these…
2Cases cited4 opinions
- Dauria v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Bassett v. Bando Sangsa Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Bako v. V. T. Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Rossi v. LinAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by20 opinions
- Catarine v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Corner Realty 30/7, Inc. v. Bernstein Management Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Guzetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- TOA Construction Co. v. TsitsiresAppellate Division of the Supreme Court of the State of New York · 2004
- Delgado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
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