Legal Opinion
Linwood Roofing & Contracting Co. v. Olit Associates
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1986PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mechanic’s lien against real property, the defendants appeal from an order of the Supreme Court, Kings County (Golden, J.), dated March 14, 1985, which granted the plaintiff’s motion to dismiss the defendants’ answer and counterclaim and granted a judgment of foreclosure to the plaintiff.
Ordered that the order is affirmed, with costs.
The striking of an answer and/or counterclaim for the failure to comply with court-ordered discovery is an extreme and drastic penalty which should not be invoked unless it is clearly demonstrated that the default was deliberate and…
2Cases cited2 opinions
- Battaglia v. HofmeisterAppellate Division of the Supreme Court of the State of New York · 1984
- Sony Corp. of America v. Savemart, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by6 opinions
- Forman v. Jamesway Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Read v. DicksonAppellate Division of the Supreme Court of the State of New York · 1989
- Sayomi v. Rolls Kohn & Associates, LLPAppellate Division of the Supreme Court of the State of New York · 2005
- Friedman v. 125 Division Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Branch v. CrabtreeAppellate Division of the Supreme Court of the State of New York · 1993
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