Legal Opinion

Frias v. Fortini

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

Decided June 9, 1997PublishedCited by 46 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Golden, J.), entered May 31, 1996, which, upon an order of the same court, dated May 3, 1996, granting the defendants’ motion to dismiss the complaint pursuant to CPLR 3126 (3), is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Although the drastic remedy of striking a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure should be granted only where the…

2Cases cited4 opinions

  1. Zletz v. WetansonNew York Court of Appeals · 1986
  2. Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
  3. Brady v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1996
  4. Eagle Star Insurance Co. of America v. BeharAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by46 opinions

  1. DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Ranfort v. Peak Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Lavi v. LaviAppellate Division of the Supreme Court of the State of New York · 1998
  4. Beneficial Mortgage Corp. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2004
  5. Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004

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