Legal Opinion

Gonzalez v. Praise the Lord Dental

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

Decided December 16, 2010PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered February 17, 2010, which denied plaintiffs’ motion to vacate an order granting defendants’ motion to dismiss the complaint for failure to comply with discovery orders, unanimously affirmed, without costs.

The court properly denied the motion because plaintiffs’ excuse of “law office failure” was not credible. The discovery responses that counsel claims would have demonstrated partial compliance with the discovery orders postdated the return date of the motion (see Tandy Computer Leasing v Video X Home Lib., 124 AD2d 530, 531…

2Cases cited3 opinions

  1. Campbell-Jarvis v. AlvesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
  3. Bryant v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by9 opinions

  1. Forbes v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lopez v. Mama's Fried Chicken, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of American Reliable Ins. Co. v. DelmonteAppellate Division of the Supreme Court of the State of New York · 2020
  4. Rudd Mech. Assoc., Inc. v. ZDG, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  5. Rudd Mech. Assoc., Inc. v. ZDG, LLCAppellate Division of the Supreme Court of the State of New York · 2021

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