Legal Opinion

Kolb v. Strogh

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

Decided June 11, 1990PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J.

The plaintiff violated CPLR 3012-a and the defendant responded by moving to dismiss the complaint. The Supreme Court denied the defendant’s motion, holding, as a matter of discretion, that no such sanction was warranted. We affirm this ruling on the more fundamental basis that, as a matter of law, no such sanction is authorized. A procedural default may be punished only by means which are specifically authorized by statute or by rule (Tewari v Tsoutsouras, 75 NY2d 1, revg 140 AD2d 104) and it is clear that neither statute nor rule authorizes dismissal of the…

2Cases cited17 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  3. Tewari v. TsoutsourasNew York Court of Appeals · 1989
  4. Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
  5. Zletz v. WetansonNew York Court of Appeals · 1986

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3Cited by20 opinions

  1. Finnegan v. University of Rochester Medical CenterDistrict Court, W.D. New York · 1998
  2. Hui's Realty, Inc. v. Transcontinental Construction Services, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Podolsky v. Narnoc Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Rice v. VandenebosscheAppellate Division of the Supreme Court of the State of New York · 1992
  5. Bowles v. StateAppellate Division of the Supreme Court of the State of New York · 1994

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

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