Legal Opinion

Carabello v. Luna

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

Decided March 18, 2008PublishedCited by 29 opinions

1Opinion of the Court

A court may, inter alia, issue an order “striking out pleadings or . . . rendering a judgment by default” as a sanction against a party who “refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed” (CPLR 3126 [3]). “To invoke the drastic remedy of striking an answer, it must be shown that a defendant’s failure to comply with a disclosure order was the result of willful and contumacious conduct” (Maignan v Nahar, 37 AD3d 557 [2007]; see Espinal v City of New York, 264 AD2d 806 [1999]).

Here, in opposition to the…

2Cases cited9 opinions

  1. Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  2. Green v. Dolphy Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Maignan v. NaharAppellate Division of the Supreme Court of the State of New York · 2007
  5. Fappiano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by29 opinions

  1. Orgel v. Stewart Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
  2. Almonte v. PichardoAppellate Division of the Supreme Court of the State of New York · 2013
  3. Yong Soon Oh v. Hua JinAppellate Division of the Supreme Court of the State of New York · 2015
  4. Giano v. IoannouAppellate Division of the Supreme Court of the State of New York · 2010
  5. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

24 more not listed; retrieve them via the Exa API.

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