Legal Opinion
Howe v. Jeremiah
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2008PublishedCited by 8 opinions
1Opinion of the Court
In an action, inter alia, pursuant to REAFL article 15 to determine the rights of the parties to certain real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), dated January 26, 2007, which granted the defendant’s motion pursuant to CFLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The nature and degree of the penalty to be imposed pursuant to CFLR 3126 lies within the sound discretion of the trial court (see Kihl v Pfeffer, 94 NY2d 118, 122-123 [1999]). The striking of a pleading may be appropriate where there is a…
2Cases cited3 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- McArthur v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Devito v. J & J Towing, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by8 opinions
- Montemurro v. Memorial Sloan-Kettering Cancer CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Corex-SPA v. Janel Group of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Dank v. Sears Holding Management Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Dutchess Truck Repair, Inc. v. BoyceAppellate Division of the Supreme Court of the State of New York · 2014
- Caprio v. 1025 Manhattan Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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