Legal Opinion
D.A.D. Restaurant Ltd. v. North River Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1994PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover under the terms of a fire insurance policy, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Christ, J.), entered March 20, 1992, which, upon an order of the same court entered February 27, 1992, granting the defendant’s cross motion to dismiss the complaint pursuant to CPLR 3216 for failure to comply with discovery, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
It is well settled that the nature and degree of the penalty to be imposed for the willful failure to obey an order of disclosure is a matter lying within…
2Cases cited6 opinions
- Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
- Berman v. SzpilzingerAppellate Division of the Supreme Court of the State of New York · 1992
- Kirkland v. Community Hospital of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Bender & Bodnar v. NankinAppellate Division of the Supreme Court of the State of New York · 1992
- Kogan v. Royal Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by2 opinions
- Deans v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Valladares v. MoutopoulosAppellate Division of the Supreme Court of the State of New York · 2004