Rosario v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered August 19, 1999, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion to strike defendant’s answer, directed entry of judgment in plaintiffs favor on the issue of liability, and set the matter down for an inquest as to damages, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion denied and the answer reinstated.
While it is true that the imposition of sanctions for discovery misfeasance is a matter within the motion court’s discretion…
2Cases cited6 opinions
- Palmenta v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1999
- Corner Realty 30/7, Inc. v. Bernstein Management Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Gomez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Corsini v. U-Haul International, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Rubin v. Pan American World Airways, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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- DQS Construction & Flintlock Construction, Inc. v. Utica National Insurance GroupAppellate Division of the Supreme Court of the State of New York · 2002
- Racer v. Mazel, USA LLCAppellate Division of the Supreme Court of the State of New York · 2017