Legal Opinion

Novick v. DeRosa

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

Decided May 20, 2008PublishedCited by 11 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for civil rights violations pursuant to 42 USC § 1983, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated July 10, 2006, as granted that branch of the defendant’s motion which was to strike and dismiss the complaint pursuant to CPLR 3126 for her failure to comply with discovery requests.

Ordered that the order is affirmed insofar as appealed from, with costs.

The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion…

2Cases cited4 opinions

  1. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  2. Maiorino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Bomzer v. Parke-DavisAppellate Division of the Supreme Court of the State of New York · 2007
  4. Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by11 opinions

  1. Dokaj v. Ruxton Tower Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
  2. Pirro Group, LLC v. One Point Street, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Wolf v. FlowersAppellate Division of the Supreme Court of the State of New York · 2014
  4. Quinones v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  5. Ewa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020

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