Legal Opinion
Brandenburg v. County of Rockland Sewer Dist. 1, State of N.Y.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2015No. 2013-06703PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages for injury to real property, the defendant County of Rockland Sewer District #1, State of New York, appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), dated April 22, 2013, as granted that branch of the plaintiffs’ motion which was pursuant to CPLR 3126 to strike its answer.
Ordered that the order is affirmed insofar as appealed from, with costs.
The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the Supreme Court (see Kihl v Pfeffer, 94 NY2d…
2Cases cited4 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Commisso v. OrshanAppellate Division of the Supreme Court of the State of New York · 2011
- Montemurro v. Memorial Sloan-Kettering Cancer CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by10 opinions
- Lucas v. StamAppellate Division of the Supreme Court of the State of New York · 2017
- Lazar, Sanders, Thaler & Associates, LLP v. LazarAppellate Division of the Supreme Court of the State of New York · 2015
- Mears v. LongAppellate Division of the Supreme Court of the State of New York · 2017
- Studer v. Newpointe Estates CondominiumAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of BerlinAppellate Division of the Supreme Court of the State of New York · 2016
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