Maffai v. County of Suffolk
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, etc., the defendant County of Suffolk appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated May 30, 2006, which granted that branch of the plaintiffs’ motion pursuant to CPLR 3126 (3) which was, in effect, to strike its eighth affirmative defense for its failure to comply with discovery demands.
*766Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, and the motion is denied.
Although actions should be resolved on the merits wherever possible (see Cruzatti v St…
2Cases cited9 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
- Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Bach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
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