Pascarelli v. City of New York
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, Kings County (Partnow, J.), dated March 26, 2004, which denied his motion to strike the defendant’s answer pursuant to CPLR 3126 (3).
Ordered that the order is affirmed, with costs.
The plaintiff contends that the Supreme Court should have granted his motion to strike the defendant’s answer pursuant to CPLR 3126 (3) due to the defendant’s belated compliance with discovery demands. Actions should be resolved on the merits wherever possible, and the nature and degree of the penalty to…
2Cases cited10 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
- Lestingi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by22 opinions
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- Cambry v. GardensAppellate Division of the Supreme Court of the State of New York · 2008
- O'Neill v. HoAppellate Division of the Supreme Court of the State of New York · 2006
- Chrostowski v. ChowAppellate Division of the Supreme Court of the State of New York · 2007
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