Fappiano v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants City of New York, New York City Police Department, and David Martinez appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated December 6, 1995, which granted the plaintiffs’ motion pursuant to CPLR 3126 to strike their answer.
Ordered that the order is affirmed, with costs.
Considering all of the circumstances surrounding the appellants’ inordinate procrastination in making full pretrial disclosure, including their noncompliance with multiple prior orders, we conclude that the order striking the…
2Cases cited6 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Zletz v. WetansonNew York Court of Appeals · 1986
- Herrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Battaglia v. HofmeisterAppellate Division of the Supreme Court of the State of New York · 1984
- Town of Southampton v. SaltenAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Fappiano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Caccioppoli v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Tellas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998