Legal Opinion

Shapiro v. Kurtzman

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

Decided August 22, 2006PublishedCited by 3 opinions

1Opinion of the Court

In an action, inter alia, to recover the proceeds of certain *509loans, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated July 13, 2004, which granted the motion of the defendant Deborah Shapiro Kurtzman pursuant to CPLR 3126 to strike the pleadings and dismiss the second amended complaint insofar as asserted against her.

Ordered that the order is affirmed, with costs.

“To invoke ‘the drastic remedy of striking a pleading, the court must determine that the party’s failure to comply with a disclosure order was the result of willful, deliberate, and…

2Cases cited4 opinions

  1. Kihl v. PfefferNew York Court of Appeals · 1999
  2. Poulas v. U-Haul International Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Emanuel v. Broadway Mall Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Ritter Foundation, Inc. v. TebeleAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. 150 Centreville, LLC v. Lin Associates Architects, PCNew York Supreme Court · 2013
  2. Shapiro v. KurtzmanAppellate Division of the Supreme Court of the State of New York · 2008
  3. Shapiro v. KurtzmanAppellate Division of the Supreme Court of the State of New York · 2006

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