Poulas v. U-Haul International Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated December 22, 2000, which granted the defendants’ motion pursuant to CPLR 3126 to strike the complaint for his failure to comply with court-ordered discovery.
Ordered that the order is affirmed, with costs.
“To invoke the drastic remedy of striking a pleading, the court must determine that the party’s failure to comply with a disclosure order was the result of willful, deliberate, and contumacious conduct or its equivalent (see, CPLR 3126; Harris v…
2Cases cited9 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Kubacka v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
- Brady v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by8 opinions
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- Shapiro v. KurtzmanAppellate Division of the Supreme Court of the State of New York · 2006
- Trataros Construction, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
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