Canaan v. Costco Wholesale Membership, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*584The Supreme Court providently exercised its discretion in granting that branch of the defendants’ motion which was for leave to reargue (see Long v Gap, Inc., 35 AD3d 673 [2006]). Furthermore, upon reargument, the Supreme Court correctly vacated its order dated June 2, 2006, which struck the defendants’ answer. There was no showing that the defendants willfully or contumaciously failed to comply with the plaintiffs’ requests for, or court orders directing, disclosure (see CPLR 3126; Conciatori v Port Auth. of N.Y. & N.J., 46 AD3d 501 [2007]; Sau Ting Cheng v Prime Design Realty, Inc., 44 AD3d…
2Cases cited13 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Galindo v. Town of ClarkstownNew York Court of Appeals · 2004
- Harleysville Insurance v. RosarioAppellate Division of the Supreme Court of the State of New York · 2005
- Halina Yin Fong Chow v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1994
- Usman v. Alexander's Rego Shopping Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
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- Leibovici v. Imperial Parking Management Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Warner v. Orange County Regional Medical CenterAppellate Division of the Supreme Court of the State of New York · 2015
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