Carabello v. Luna
Appellate Division of the Supreme Court of the State of New York
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
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Green v. Dolphy Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Maignan v. NaharAppellate Division of the Supreme Court of the State of New York · 2007
- Fappiano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
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- Giano v. IoannouAppellate Division of the Supreme Court of the State of New York · 2010
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
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