Legal Opinion
A.F.C. Enterprises, Inc. v. New York City School Construction Authority
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2006PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), dated September 9, 2005, as, upon renewal, adhered to its prior determination denying those branches of the defendant’s motion which were to dismiss the complaint pursuant to CPLR 3126 and to impose monetary sanctions.
Ordered that the order is affirmed insofar as appealed from, with costs.
Actions should be resolved on their merits whenever possible, and the drastic remedy of the striking of a pleading…
2Cases cited5 opinions
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Vancott v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Bach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Payne v. Rouse Corp.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Friedman, Harfenist, Langer & Kraut v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2010
- L&L Auto Distributors & Suppliers Inc. v. Auto Collection, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- A.F.C. Enterprises, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Stone v. ZinoukhovaAppellate Division of the Supreme Court of the State of New York · 2014
- Mew v. CivitanoAppellate Division of the Supreme Court of the State of New York · 2017
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