Legal Opinion

Casanas v. Carlei Group, LLC

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 2017No. 3718 101057/12Published

1Opinion of the Court

Order, Supreme Court, New York County (David B. Cohen, J.), entered March 15, 2016, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to strike the complaint pursuant to CPLR 3126 and to declare that plaintiffs do not have a valid lease for the subject premises, unanimously affirmed, with costs.

The motion court providently exercised its discretion in denying defendants’ motion for an order striking the complaint, since such a drastic sanction is generally warranted “only upon a clear showing that the party’s conduct was willful and contumacious” (CEMD El.…

2Cases cited3 opinions

  1. Cespedes v. Mike & Jac Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Perez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. CEMD Elevator Corp. v. Metrotech LLCAppellate Division of the Supreme Court of the State of New York · 2016

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API