Legal Opinion

Beneficial Mortgage Corp. v. Lawrence

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

Decided March 1, 2004PublishedCited by 19 opinions

1Opinion of the Court

*340In an action to cancel and expunge a mortgage satisfaction erroneously made and recorded, the defendants appeal from a judgment of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 23, 2002, which, inter alia, upon granting the plaintiffs’ motion to strike their answer for failure to comply with discovery requests, in effect, cancelled the mortgage satisfaction.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendants’ contentions, the Supreme Court providently exercised its discretion in striking their answer. Although striking a pleading pursuant to…

2Cases cited5 opinions

  1. Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
  2. Lavi v. LaviAppellate Division of the Supreme Court of the State of New York · 1998
  3. Pryzant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  4. Conch Associates, Inc. v. PMCC Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. In re Barclays BankAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by19 opinions

  1. Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004
  2. Sowerby v. CamardaAppellate Division of the Supreme Court of the State of New York · 2005
  3. Horne v. Swimquip, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Carbajal v. Bobo Robo, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Devito v. J & J Towing, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API