Cauley v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated December 6, 1995, which, upon a sua sponte decision made at a pretrial conference, struck its answer for failure to comply with certain discovery requests, resolved all issues of liability in favor of the plaintiff, and directed a trial on the issue of damages.
Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and…
2Cases cited4 opinions
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
- Fucci v. FucciAppellate Division of the Supreme Court of the State of New York · 1990
- Chase Manhattan Bank v. AbadAppellate Division of the Supreme Court of the State of New York · 1987
- McCue v. BattagliaAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
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- Pellegrino v. SalzbergAppellate Division of the Supreme Court of the State of New York · 2000
- United States Fire Insurance v. J.R. Greene, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- La Valle v. City of New York Department of SanitationAppellate Division of the Supreme Court of the State of New York · 1997
- S.R. Garden City, LLC v. Magnacare, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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