Legal Opinion

Baturov v. Marchewka

Appellate Division of the Supreme Court of the State of New York

Decided August 2, 2004PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendants System Van Lines, Inc., and Angelo Giustra appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated October 22, 2003, which granted the plaintiffs’ motion to strike their answer for failure to comply with a conditional order of preclusion dated June 9, 2003.

Ordered that the order is affirmed, with costs.

As a result of the appellants’ failure to timely provide the court-ordered discovery, the conditional order of preclusion dated June 9, 2003, became absolute (see Hall v Penas, 5 AD3d 549 [2004];…

2Cases cited5 opinions

  1. Jenkinson v. NaccaratoAppellate Division of the Supreme Court of the State of New York · 2001
  2. Hall v. PenasAppellate Division of the Supreme Court of the State of New York · 2004
  3. Marrone v. Orson Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Weitzenberg v. Nassau County Department of Recreation & ParksAppellate Division of the Supreme Court of the State of New York · 2001
  5. Liotti v. RukAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. Estate of Alston v. RamseurAppellate Division of the Supreme Court of the State of New York · 2015
  2. Hughes v. Brooklyn Skating, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. G.D. Van Wagenen Financial Services, Inc. v. SichelAppellate Division of the Supreme Court of the State of New York · 2007

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