Castor Petroleum, Ltd. v. Petroterminal de Panama, S.A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court’s preclusion order was an improvident exercise of discretion (see CPLR 3126; Gradaille v City of New York, 52 AD3d 279 [2008]). There was no basis for finding that any noncompliance with the preliminary conference order was willful, contumacious, or in bad faith, as would justify precluding plaintiff from presenting evidence in support of its damages claim (see Sidelev v Tsal-Tsalko, 52 AD3d 398 [2008]).
Plaintiff was not required to move to amend its interrogatory responses pursuant to CPLR 3101 (h), where, although the original response was correct and complete when made,…
2Cases cited6 opinions
- MBIA Insurance v. Greystone & Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Janssen v. Incorporated Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2008
- Reid v. Weir-Metro Ambulance Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Sidelev v. Tsal-TsalkoAppellate Division of the Supreme Court of the State of New York · 2008
- Gradaille v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
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- Marquez v. 171 Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2018
- National Casualty Co. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2013
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