Legal Opinion
Gibbs v. St. Barnabas Hospital
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2009PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 16, 2008, which granted the motion of defendant Vinces to enforce a conditional order of preclusion to the extent of directing plaintiff to pay $500 as costs for his delay in complying with discovery, affirmed, without costs.
The law strongly prefers that matters be decided on their merits (Catarine v Beth Israel Med. Ctr., 290 AD2d 213, 215 [2002]). Accordingly, the drastic sanction of striking a pleading is inappropriate without a clear showing that the failure to comply with disclosure obligations was willful,…
Also in this document: Dissent.
2Cases cited30 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
- Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
- Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
- Wilson v. Galicia Contr. & Restoration Corp.New York Court of Appeals · 2008
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3Cited by3 opinions
- Curiel v. Loews Cineplex Theaters, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
- Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010