Legal Opinion
Resnick v. Schwarzkopf
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 2007PublishedCited by 11 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, injury to property, and emotional distress, the defendant appeals from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), dated October 18, 2006, which denied his motion pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
“[T]he drastic remedy of striking a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure should be granted only where the conduct of the party is shown to be willful and contumacious” (Russo v Tolchin, 35 AD3d 431, 434…
2Cases cited5 opinions
- Jenkins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Prappas v. PapadatosAppellate Division of the Supreme Court of the State of New York · 2007
- Russo v. TolchinAppellate Division of the Supreme Court of the State of New York · 2006
- Mawson v. Historic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Lombardo v. St. Francis Hospital Rehabilitation ServicesAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by11 opinions
- Mironer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Canaan v. Costco Wholesale Membership, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- L&L Auto Distributors & Suppliers Inc. v. Auto Collection, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Delarosa v. Besser Co.Appellate Division of the Supreme Court of the State of New York · 2011
- ACME ANC Corp. v. ReadAppellate Division of the Supreme Court of the State of New York · 2008
6 more not listed; retrieve them via the Exa API.