Legal Opinion

Banner Service Corp. v. Hall

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1992PublishedCited by 10 opinions

1Opinion of the Court

— Appeal unanimously dismissed without costs. Memorandum: In this action to recover the unpaid balance of an account for goods sold and delivered, plaintiff moved to compel discovery of certain documents in defendants’ possession. By order entered October 4, 1989, the court granted the motion and, pursuant to CPLR 3126 (3), directed that, "in the event the defendants fail to deliver said documents within thirty (30) days as directed herein, the defendants’ answer shall be stricken and judgment by default will be entered against the defendants”. On January 8, 1990, after defendants failed to…

2Cases cited2 opinions

  1. Pergamon Press, Inc. v. TietzeAppellate Division of the Supreme Court of the State of New York · 1981
  2. Champion v. WilseyAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by10 opinions

  1. Lauer v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2008
  2. Pinapati v. PagadalaAppellate Division of the Supreme Court of the State of New York · 1997
  3. Clarke v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Thermo Spas, Inc. v. Red Ball Spas & Baths, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Schwenk v. St. Peter's HospitalAppellate Division of the Supreme Court of the State of New York · 1995

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