Mears v. Long
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of fiduciary duty and conversion, the defendants appeal from an order of the Supreme Court, Suffolk County (Hudson, J.), dated May 14, 2015, which granted the plaintiffs’ motion pursuant to CPLR 3126 to strike their answer and for leave to enter a default judgment against them based on their failure to comply with court-ordered discovery.
Ordered that the order is affirmed, with costs.
The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is within the broad discretion of the motion court (see Parker…
2Cases cited6 opinions
- Wolf v. FlowersAppellate Division of the Supreme Court of the State of New York · 2014
- Lucas v. StamAppellate Division of the Supreme Court of the State of New York · 2017
- Brandenburg v. County of Rockland Sewer Dist. 1, State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
- Lazar, Sanders, Thaler & Associates, LLP v. LazarAppellate Division of the Supreme Court of the State of New York · 2015
- Parker Waichman, LLP v. LaraiaAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Malek v. MalekAppellate Division of the Supreme Court of the State of New York · 2022
- Sinclair v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Abizeid v. Turner Constr. Co.Appellate Division of the Supreme Court of the State of New York · 2019
- Giraldo v. Highmark Ind., LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Henry v. Atlantis Rehabilitation & Residential Healthcare Facility, LLCAppellate Division of the Supreme Court of the State of New York · 2021
4 more not listed; retrieve them via the Exa API.