Legal Opinion
Polsky v. Tuckman
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2011PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered April 4, 2008, which granted the defendants’ motion pursuant to CPLR 3126 to strike the complaint.
Ordered that the order is reversed, on the facts and in the exercise of discretion, and the defendants’ motion to strike the complaint is denied.
The defendants’ motion pursuant to CPLR 3126 to strike the complaint upon the plaintiff’s failure to appear at a court-ordered deposition should have been denied. A court may strike a pleading as a sanction…
2Cases cited4 opinions
- Mazza v. SenecaAppellate Division of the Supreme Court of the State of New York · 2010
- Resnick v. SchwarzkopfAppellate Division of the Supreme Court of the State of New York · 2007
- Anonymous v. Duane Reade, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Palomba v. Schindler Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by8 opinions
- Docteur v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Bernardis v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2012
- Poveromo v. Kelley-Amerit Fleet Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Hoi Wah Lai v. MackAppellate Division of the Supreme Court of the State of New York · 2011
- Rodriguez v. Big Ben Associates IAppellate Division of the Supreme Court of the State of New York · 2012
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