Argo v. Queens Surface Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated August 7, 2008, as granted the plaintiffs motion pursuant to CPLR 3126 to strike the answer.
Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the plaintiffs motion pursuant to CPLR 3126 to strike the answer is denied.
A court may, inter alia, issue an order “striking out pleadings or . . . rendering a judgment by default” as a sanction…
2Cases cited6 opinions
- Carabello v. LunaAppellate Division of the Supreme Court of the State of New York · 2008
- Corriel v. Volkswagen of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Paca v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Jenkins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Brandes v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2005
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- Facey v. Silver Express Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Gottfried v. MaizelAppellate Division of the Supreme Court of the State of New York · 2009
- Kitt v. PodlofskyAppellate Division of the Supreme Court of the State of New York · 2010
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