Legal Opinion

Baker v. General Mills Fun Group, Inc.

New York Supreme Court

Decided January 4, 1979PublishedCited by 7 opinions

1Opinion of the Court

*194OPINION OF THE COURT

Bentley Kassal, J.

Plaintiff has made a motion, pursuant to CPLR 3126, for an order striking the answer of the defendants for failure to comply with several prior discovery orders of this court.

ISSUE

In view of the overriding policy to resolve issues on the merits, what sanctions should be fashioned by the court to compel disclosure when a recalcitrant party disregards numerous court directions in a cavalier manner?

FACTS

In July, 1973, this action was commenced seeking $1,000,-000 for the loss of sight to one eye of the infant plaintiff in 1965 (then five years of age), which…

2Cases cited8 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Newman v. Chartered New England Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Rodriguez v. SklarAppellate Division of the Supreme Court of the State of New York · 1977
  4. Gorea v. PinskyAppellate Division of the Supreme Court of the State of New York · 1975
  5. S. H. Kress-Shoreview, Inc. v. KleimanAppellate Division of the Supreme Court of the State of New York · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
  2. Associated Mutual Insurance v. Dyland Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 1983
  4. Torian v. LewisAppellate Division of the Supreme Court of the State of New York · 1982
  5. McKinney v. StateNew York Court of Claims · 1981

2 more not listed; retrieve them via the Exa API.

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