Kaplan v. KCK Studios, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered August 26, 1996, which dismissed the complaint in its entirety for failure to comply with a disclosure order, unanimously reversed, on the law, without costs, and the complaint reinstated except as to the discontinued thirteenth and fifteenth causes of action and those previously dismissed in orders other than the one appealed from.
We find that the IAS Court abused its discretion by imposing the drastic remedy of dismissal of the complaint.
Even assuming that plaintiff, who at that time was proceeding pro se, was deserving…
2Cases cited2 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Roa v. F.W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by7 opinions
- Corner Realty 30/7, Inc. v. Bernstein Management Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Long Island Lighting Co. v. Allianz Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- McKinnon v. Bell SecurityAppellate Division of the Supreme Court of the State of New York · 2000
- McCagg v. Schulte Roth & Zabel LLPAppellate Division of the Supreme Court of the State of New York · 2010
- Commerce & Industry Insurance v. Lib-Com, Ltd.Appellate Division of the Supreme Court of the State of New York · 1999
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