Legal Opinion

Loeb v. Assara New York I L.P.

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

Decided June 5, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered February 20, 2013, which, inter alia, granted plaintiffs motion pursuant to CPLR 3126 to strike defendants’ answer based on their failure to comply with discovery orders, unanimously affirmed, with costs.

The court did not abuse its discretion in striking defendants’ answer, given defendants’ unexcused failure to comply with at least three court orders requiring them to provide supplemental responses to plaintiffs discovery demands and produce a witness with knowledge for deposition by specific dates (CPLR 3126 [3]; see also…

2Cases cited5 opinions

  1. Henderson-Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Reidel v. Ryder TRS, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. McGilvery v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  4. Oasis Sportswear, Inc. v. RegoAppellate Division of the Supreme Court of the State of New York · 2012
  5. Northern Leasing Systems, Inc. v. Estate of TurnerAppellate Division of the Supreme Court of the State of New York · 2011

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