Legal Opinion

Sinclair v. City of New York

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

Decided August 23, 2017No. 2015-07749PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court, Queens County (Phyllis Orlikoff Flug, J.), entered June 17, 2015. The order denied the plaintiff’s motion to strike the defendants’ answer for failing to comply with discovery.

Ordered that the order is affirmed, with costs.

The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is within the broad discretion of the motion court (see Mears v Long, 149 AD3d 823 [2017]; Parker Waichman, LLP v Laraia, 131 AD3d 1215, 1216 [2015]; Lazar, Sanders, Thaler & Assoc., LLP v Lazar, 131 AD3d 1133 [2015]; Wolf v Flowers, 122 AD3d 728…

2Cases cited7 opinions

  1. Wolf v. FlowersAppellate Division of the Supreme Court of the State of New York · 2014
  2. Lucas v. StamAppellate Division of the Supreme Court of the State of New York · 2017
  3. Brandenburg v. County of Rockland Sewer Dist. 1, State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Lazar, Sanders, Thaler & Associates, LLP v. LazarAppellate Division of the Supreme Court of the State of New York · 2015
  5. Mears v. LongAppellate Division of the Supreme Court of the State of New York · 2017

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3Cited by1 opinion

  1. Spetner v. DanAppellate Division of the Supreme Court of the State of New York · 2022

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