Legal Opinion
Mayers v. Consolidated Charcoal Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1989PublishedCited by 6 opinions
1Opinion of the Court
— In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (I. Aronin, J.), dated October 5, 1988, which denied their motion pursuant to CPLR 3126 (3) to strike the complaint.
Ordered that the order is affirmed, with costs.
It is well settled that the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the trial court (see, e.g., Stathou*578dakes v Kelmar Contr. Corp., 147 AD2d 690, 691; Associated Mut. Ins. Co. v Dyland Tavern, 105 AD2d 892, 893). Moreover,…
2Cases cited4 opinions
- Scharlack v. Richmond Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Associated Mutual Insurance v. Dyland Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Read v. DicksonAppellate Division of the Supreme Court of the State of New York · 1989
- Stathoudakes v. Kelmar Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- Ahroni v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- American Reliance Insurance v. National General InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Rossi v. LinAppellate Division of the Supreme Court of the State of New York · 1993
- Lamb v. MaloneyAppellate Division of the Supreme Court of the State of New York · 2007
- Falco v. Caterpillar, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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