Legal Opinion
Fox v. Eastman Kodak Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law and in the exercise of discretion without costs and motion denied on condition that plaintiff appear for an examination before trial within 40 days of service of a copy of the order of this Court with notice of entry. Memorandum: The extreme sanction of dismissal is warranted only where there is a clear showing that plaintiff’s failure to comply with discovery demands was willful, contumacious or in bad faith (see, Corner Realty 30/7 v Bernstein Mgt. Corp., 249 AD2d 191, 193; see also, Gadley v U.S. Sugar Co., 259 AD2d 1041, 1042). No such showing was…
2Cases cited6 opinions
- Corner Realty 30/7, Inc. v. Bernstein Management Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Gadley v. U.S. Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Gamble v. Anlynne, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Adams v. DeloretoAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by5 opinions
- Carpenter v. Browning-Ferris Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Eaton v. HungerfordAppellate Division of the Supreme Court of the State of New York · 2010
- Carter v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2004
- SARACH, STEPHEN v. M&T BANK CORPORATIONAppellate Division of the Supreme Court of the State of New York · 2016
- SARACH, STEPHEN v. M&T BANK CORPORATIONAppellate Division of the Supreme Court of the State of New York · 2016