Legal Opinion
Mir v. Saad
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2008PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Silverman, J.), dated August 17, 2006, which denied their motion to enlarge the time to file a note of issue and granted the defendant’s cross motion pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The determination whether to strike a pleading for failure to comply with court-ordered disclosure lies within the sound discretion of the trial court (see CPLR 3126 [3]; Bates v Baez, 299 AD2d 382 [2002]; Patterson v…
2Cases cited4 opinions
- Bates v. BaezAppellate Division of the Supreme Court of the State of New York · 2002
- Patterson v. Greater New York Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Calder v. CoftaAppellate Division of the Supreme Court of the State of New York · 2008
- Callaghan v. CurtisAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- Fishbane v. Chelsea Hall, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Cohen v. ZatcoffAppellate Terms of the Supreme Court of New York · 2019
- Renelique v. Lancer Ins. Co.Appellate Terms of the Supreme Court of New York · 2016
- Wolmark v. Approved Staffing, LLCAppellate Terms of the Supreme Court of New York · 2016