Kolb v. Strogh
Appellate Division of the Supreme Court of the State of New York
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
- Barasch v. MicucciNew York Court of Appeals · 1980
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Tewari v. TsoutsourasNew York Court of Appeals · 1989
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Zletz v. WetansonNew York Court of Appeals · 1986
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3Cited by20 opinions
- Finnegan v. University of Rochester Medical CenterDistrict Court, W.D. New York · 1998
- Hui's Realty, Inc. v. Transcontinental Construction Services, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
- Podolsky v. Narnoc Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Rice v. VandenebosscheAppellate Division of the Supreme Court of the State of New York · 1992
- 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.