Legal Opinion

Sawh v. Bridges

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 1986PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Thompson, J.

The issue presented for our determination on this appeal is whether Special Term abused its discretion by imposing the harsh sanction of dismissal for the plaintiffs failure to comply with certain orders of disclosure. We find that the conduct of the plaintiffs counsel in failing to permit discovery and inspection of a CAT scan of the plaintiff despite a notice for production and two prior court orders with respect thereto can properly be characterized as willful and contumacious. Accordingly, dismissal of the complaint was a proper exercise of discretion and…

2Cases cited6 opinions

  1. Zletz v. WetansonNew York Court of Appeals · 1986
  2. Ferraro v. Koncal AssociatesAppellate Division of the Supreme Court of the State of New York · 1983
  3. Anteri v. NRS Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Baumann v. DeeAppellate Division of the Supreme Court of the State of New York · 1984
  5. Renford v. LizardoAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by45 opinions

  1. Arts4all, Ltd. v. HancockAppellate Division of the Supreme Court of the State of New York · 2008
  2. Fish & Richardson, P.C. v. SchindlerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Vancott v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Spira v. AntoineAppellate Division of the Supreme Court of the State of New York · 1993
  5. Pickens v. CastroAppellate Division of the Supreme Court of the State of New York · 2008

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

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