Legal Opinion

Nicolia Ready Mix, Inc. v. Fernandes

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

Decided February 13, 2007PublishedCited by 1 opinion

1Opinion of the Court

In an action, inter alia, to recover damages for fraudulent transfer of corporate assets, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 27, 2006, as granted the plaintiffs cross motion pursuant to CPLR 3126 to strike the answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

A court is authorized to strike the pleadings of a party who “refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed” (CPLR…

2Cases cited3 opinions

  1. Ranfort v. Peak Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Mendez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Alto v. Gilman Management Corp.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. Batshever v. JafarAppellate Division of the Supreme Court of the State of New York · 2010

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