Legal Opinion
Ranfort v. Peak Tours, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 1998PublishedCited by 24 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 9, 1997, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3126.
Ordered that the order is affirmed, with costs.
The drastic remedy of striking a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure should be granted only where the conduct of the resisting party is shown to be willful, contumacious, or in bad faith. Where a party disobeys a court order and by his or her conduct…
2Cases cited3 opinions
- Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
- Kubacka v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Yin Ruen Chan Tang v. Hong Kong Chinese Herbal Co.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by24 opinions
- Birch Hill Farm, Inc. v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
- Alto v. Gilman Management Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Yona v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Blake v. ChawlaAppellate Division of the Supreme Court of the State of New York · 2002
- Halali v. Evanston InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
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