Legal Opinion

Caldwell v. Party Rental Ltd.

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

Decided April 25, 2002Published

1Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about July 28, 2001, which, in an action by an employee of a caterer against a furniture rental company for personal injuries sustained when he sat on a folding chair that collapsed, granted plaintiffs motion pursuant to CPLR 3126 to strike defendant’s answer to the extent of precluding defendant from denying ownership of the chair in question, unanimously affirmed, with costs.

The challenged sanction was properly imposed in the absence of a reasonable explanation for defendant’s noncompliance with court orders…

2Cases cited1 opinion

  1. Sanchez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

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