Legal Opinion

Maillard v. Maillard

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

Decided October 6, 1997PublishedCited by 25 opinions

1Opinion of the Court

—In an action for a divorce and ancil*449lary relief, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated July 15, 1996, which granted the motion of the defendant husband, pursuant to CPLR 3126, to preclude the plaintiff from offering any evidence at trial on the issue of her income or expenses relative to a certain videotape and which awarded the defendant $1,912.50 in counsel fees.

Ordered that the order is affirmed, with costs.

In order to invoke the drastic remedy of preclusion, the court must determine that the offending party’s lack of cooperation…

2Cases cited2 opinions

  1. Vatel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  2. Vera v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by25 opinions

  1. Kelleher v. Mt. Kisco Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Blauman-Spindler v. BlaumanAppellate Division of the Supreme Court of the State of New York · 2009
  3. Moog v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Ndulo v. NduloAppellate Division of the Supreme Court of the State of New York · 2009
  5. Osterhoudt v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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