Legal Opinion
Cespedes v. Mike & Jac Trucking Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 2003PublishedCited by 17 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about August 6, 2002, granting defendants’ motion to dismiss the complaint for plaintiff’s repeated failure to comply with outstanding discovery obligations, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the complaint reinstated.
CPLR 3126 (3) allows a court to sanction a party that refuses to comply with disclosure orders or wilfully fails to disclose information that the court concludes should have been disclosed, including the sanction of striking that party’s…
2Cases cited4 opinions
- Gomez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Tsai v. HernandezAppellate Division of the Supreme Court of the State of New York · 2001
- Hudson View II Associates v. MillerAppellate Division of the Supreme Court of the State of New York · 2001
- Kauffman v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by17 opinions
- Banner v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Weissman v. 20 East 9th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Herbert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Quinones v. CaballeroNew York Supreme Court · 2005
- Perez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
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