Legal Opinion
DiMarco v. Sparks
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995No. Appeal No. 1PublishedCited by 11 opinions
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion to strike the notice to admit and to preclude defendants from using, in any manner, documents obtained by them from a non-party regarding the application of plaintiffs to refinance their mortgage in 1985. Although the documents were improperly obtained from the non-party without notice to plaintiffs (see, CPLR 3107, 3120 [b]; Matter of Estate of Kochovos, 140 AD2d 180), plaintiffs were not thereby prejudiced. None of the documents…
2Cases cited5 opinions
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- Van Gorder v. Masterplanned, Inc.New York Court of Appeals · 1991
- In re the Estate of KochovosAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by11 opinions
- Wilson v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002
- Fanelli v. FanelliAppellate Division of the Supreme Court of the State of New York · 2002
- Gutierrez v. DudockAppellate Division of the Supreme Court of the State of New York · 2000
- Brussels Leasing Limited Partnership v. HenneNew York Supreme Court · 1997
- Levy v. GrandoneAppellate Division of the Supreme Court of the State of New York · 2004
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