Legal Opinion

Bent v. Sears, Roebuck, & Co.

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

Decided April 16, 2015No. 14827 114565/09Published

1Opinion of the Court

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered August 28, 2014, which granted plaintiffs motion for an order striking defendants’ answers for failure to comply with a prior order, same court (Jeffrey K. Oing, J.), entered on or about July 25, 2013, and entered a default judgment against them, unanimously affirmed, without costs.

The court properly struck defendants’ answers in this products liability action. The sheer number of discovery orders, two as the result of motions on notice, evidenced substantial and gratuitous delay from which contumaciousness can be…

2Cases cited2 opinions

  1. Henderson-Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. McKanic v. Amigos del Museo del BarrioAppellate Division of the Supreme Court of the State of New York · 2010

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