Legal Opinion
Lipin v. Bender
New York Court of Appeals
Decided November 1, 1994PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
At issue on this appeal is the propriety of dismissing plaintiff’s complaint as a remedy for misconduct that involved taking and use of the adversary’s privileged documents. In the circumstances presented, we affirm the Appellate Division order upholding dismissal as a proper exercise of the trial court’s discretion under CPLR 3103 (c).
The underlying facts, as found by the Supreme Court and affirmed by the Appellate Division, are essentially undisputed. In February 1988, plaintiff was terminated as Manager of Health Services for American Red Cross in…
2Cases cited4 opinions
- Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- In re U. S. Pioneer Electronics Corp.New York Court of Appeals · 1979
3Cited by38 opinions
- Stephen Slesinger, Inc. v. Walt Disney Co.California Court of Appeal · 2007
- Sigmon v. Parker Chapin Flattau & KlimplDistrict Court, S.D. New York · 1995
- Fayemi v. Hambrecht & Quist, Inc.District Court, S.D. New York · 1997
- Polin v. Kellwood Co.District Court, S.D. New York · 2000
- Madden v. Creative Services, Inc.New York Court of Appeals · 1995
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