Legal Opinion
Roof v. Bogdanski
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Supreme Court abused its discretion by resolving the issue raised in an affirmative defense against defendant because of defendant’s failure to comply with plaintiffs’ demands for discovery and prior conditional orders of the court. This harsh sanction should not be resorted to in the absence of a showing that the noncomplying party’s conduct was "willful, contumacious or due to bad faith” (Lowitt v Burton I. Korelitz,…
2Cases cited5 opinions
- Henderson v. StilwellAppellate Division of the Supreme Court of the State of New York · 1986
- Henry Rosenfeld, Inc. v. Bower & GardnerAppellate Division of the Supreme Court of the State of New York · 1990
- Lowitt v. KorelitzAppellate Division of the Supreme Court of the State of New York · 1989
- Gaylord Bros. v. RND Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Town of East Greenbush v. Ashland Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- Stevens v. Auburn Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Paull v. First UNUM Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Pallaci v. AlbinAppellate Division of the Supreme Court of the State of New York · 2008