Legal Opinion
Hollymount Corp. v. Myung J. Park Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2002PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover payment due under the terms of a promissory note and personal guaranty, the defendants appeal from stated portions of an order of the Supreme Court, Queens County (Schmidt, J.), dated February 22, 2002, which, inter alia, denied that branch of their motion which was to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that “where a party disobeys a court order, and by his or her conduct frustrates the disclosure scheme provided by the CPLR, dismissal of a pleading is within the broad discretion of the…
2Cases cited8 opinions
- Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
- Kubacka v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Ranfort v. Peak Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Castrignano v. FlynnAppellate Division of the Supreme Court of the State of New York · 1998
- Garcia v. First Spanish Baptist Church of IslipAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by2 opinions
- Ravnikar v. Skyline Credit-Ride, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Black v. LittleAppellate Division of the Supreme Court of the State of New York · 2004