Gaylord Bros. v. RND Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order and Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: It was an abuse of discretion for the court to strike defendant’s answer and grant judgment to plaintiff for the total amount demanded in the complaint because of defendant’s failure to produce certain requested documents as previously ordered.
While the relief granted to plaintiff is a sanction available to the court upon defendant’s failure to comply with court-ordered disclosure (CPLR 3126 [3]), it is a…
2Cases cited10 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Zletz v. WetansonNew York Court of Appeals · 1986
- Sawh v. BridgesAppellate Division of the Supreme Court of the State of New York · 1986
- Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
- Oak Beach Inn Corp. v. Babylon Beacon, Inc.New York Court of Appeals · 1984
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3Cited by18 opinions
- Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
- Gadley v. U.S. Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Carpenter v. Browning-Ferris Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Jann v. CassidyAppellate Division of the Supreme Court of the State of New York · 1999
- Saferstein v. StarkAppellate Division of the Supreme Court of the State of New York · 1991
13 more not listed; retrieve them via the Exa API.