Legal Opinion
Reid v. Schoenthal
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from an order of *204the Supreme Court, Suffolk County (Floyd, J.), entered December 5, 2000, which granted the plaintiff’s motion to strike their answer.
Ordered that the order is affirmed, with costs.
The Supreme Court properly struck the defendants’ answer to the complaint. The remedy of striking a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure should be granted only where the conduct of the resisting party is shown to be willful, contumacious, or in bad faith. The willful and…
2Cases cited4 opinions
- Kingsley v. KantorAppellate Division of the Supreme Court of the State of New York · 1999
- Garcia v. KraniotakisAppellate Division of the Supreme Court of the State of New York · 1996
- Castrignano v. FlynnAppellate Division of the Supreme Court of the State of New York · 1998
- Bodine v. LadjevardiAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
- Vaccaro v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 2014
- CDJ Corp. v. Commodore Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Allen v. CallejaAppellate Division of the Supreme Court of the State of New York · 2008
- Vaccaro v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 2014