Legal Opinion
Barth v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2002PublishedCited by 7 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated October 27, 2000, which, in effect, granted his motion to strike the answer of the defendants New York City Board of Education and Abiela Contracting, Inc., only to the extent of directing those defendants to comply with certain discovery demands within 60 days.
Ordered that the order is affirmed, with costs.
It is well settled that “the determination whether or not to *387strike a pleading lies within the sound discretion of the court” (Ploski v…
2Cases cited4 opinions
- Mohammed v. 919 Park Place Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Garcia v. First Spanish Baptist Church of IslipAppellate Division of the Supreme Court of the State of New York · 1999
- Payne v. Rouse Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Ploski v. Riverwood Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by7 opinions
- Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Riley v. ISS International Service System, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Maffai v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2007
- Schneider v. SchneiderAppellate Division of the Supreme Court of the State of New York · 2005
- Hinds v. Price ClubAppellate Division of the Supreme Court of the State of New York · 2003
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