Legal Opinion
Mangiapane v. Brookhaven Beach Health Related Facility
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 2003PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated July 12, 2002, which, in effect, denied its motion pursuant to CPLR 3126 to preclude the plaintiff from offering any evidence at trial and to dismiss the complaint for failure to comply with discovery.
*643Ordered that the order is affirmed, with costs.
The nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter generally left to the discretion of the Supreme Court (see Kingsley v Kantor, 265 AD2d 529 [1999];…
2Cases cited4 opinions
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Cianciolo v. Trism Specialized CarriersAppellate Division of the Supreme Court of the State of New York · 2000
- Kingsley v. KantorAppellate Division of the Supreme Court of the State of New York · 1999
- Patterson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
- Diel v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 2004
- Botsas v. GrossmanAppellate Division of the Supreme Court of the State of New York · 2004
- Greene v. MullenAppellate Division of the Supreme Court of the State of New York · 2010
- Anthony v. AnthonyAppellate Division of the Supreme Court of the State of New York · 2005