Montgomery v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 26, 2001, as granted their motion to strike the defendants’ answer pursuant to CPLR 3126 (3) only to the extent of directing that the answer be stricken unless the defendants produce a witness for an examination before trial by a date certain.
Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, the motion is granted in its entirety, the answer is stricken, and the matter is…
2Cases cited8 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Herrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by16 opinions
- Maiorino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Sowerby v. CamardaAppellate Division of the Supreme Court of the State of New York · 2005
- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Stone v. ZinoukhovaAppellate Division of the Supreme Court of the State of New York · 2014
- Conch Associates, Inc. v. PMCC Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2003
11 more not listed; retrieve them via the Exa API.