Legal Opinion
Umar v. Ohrnberger
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 2010PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Palmieri, J.), dated July 15, 2009, which granted the motion of the defendant June Ohrnberger pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against her for failure to comply with court-ordered disclosure.
Ordered that the order is affirmed, with costs.
The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the trial court *1067(see Kihl v Pfeffer, 94 NY2d 118, 122-123 [1999]; Joseph v Iannace, 6 AD3d…
2Cases cited9 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004
- Sowerby v. CamardaAppellate Division of the Supreme Court of the State of New York · 2005
- Horne v. Swimquip, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Ordonez v. GuerraAppellate Division of the Supreme Court of the State of New York · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commisso v. OrshanAppellate Division of the Supreme Court of the State of New York · 2011
- Docteur v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Morgenstern v. Jeffsam Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Field v. BaoAppellate Division of the Supreme Court of the State of New York · 2016
- Reyes-Peralta v. NgernakNew York Supreme Court · 2010