Legal Opinion
Washington v. Alco Auto Sales
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1993PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about June 8, 1992, which granted Motor Vehicle Accident Indemnification Corporation’s motion for a protective order against plaintiffs’ notice to admit, and denied plaintiffs’ cross motion pursuant to CPLR 3126 to strike defendants’ answers, unanimously affirmed, with costs.
In furtherance of the policy favoring the resolution of actions on the merits, it is well settled that the harsh remedy of striking a pleading should not be employed without a clear showing of a deliberate and willful refusal to disclose (Cruzatti v…
2Cases cited3 opinions
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Hodes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Miller v. Hilman Kelly Co.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Corner Realty 30/7, Inc. v. Bernstein Management Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Nacherlilla v. Prospect Park Alliance, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Meadowbrook-Richman, Inc. v. CicchielloAppellate Division of the Supreme Court of the State of New York · 2000
- Burnside v. FogliaAppellate Division of the Supreme Court of the State of New York · 1994
- Mateo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
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