Legal Opinion

O.K. Petroleum International, Ltd. v. Palmieri & Castiglione, LLP

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

Decided February 10, 2016No. 2014-04791PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mayer, J.), dated December 8, 2013, which denied that branch of their motion pursuant to CPLR 3126 which was to strike the defendant’s answer for failure to comply with court-ordered discovery, and granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs’ motion pursuant to CPLR 3126…

2Cases cited14 opinions

  1. Lopez v. WS Distribution, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Sitar v. SitarAppellate Division of the Supreme Court of the State of New York · 2008
  3. Farage v. EhrenbergAppellate Division of the Supreme Court of the State of New York · 2014
  4. Keness v. Feldman, Kramer & Monaco, P.C.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Town of Wallkill v. RosensteinAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by2 opinions

  1. Esposito v. GaryDistrict Court, S.D. New York · 2020
  2. Esposito v. GaryDistrict Court, S.D. New York · 2020

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