Legal Opinion

S.R. Garden City, LLC v. Magnacare, LLC

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

Decided February 26, 2014Published

1Opinion of the Court

*926In an action to recover money allegedly due and owing pursuant to a lease, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Feinman, J.), entered April 15, 2013, which, sua sponte, dismissed the complaint and the plaintiffs reply to the counterclaims with prejudice, upon the plaintiffs alleged failure to comply with court-ordered discovery, and (2) an order of the same court dated June 7, 2013, which denied the plaintiffs motion to vacate the order entered April 15, 2013.

Ordered that the order dated June 7, 2013, is reversed, on the facts and in the exercise of…

2Cases cited7 opinions

  1. Lopes v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  2. Lampel v. SergelAppellate Division of the Supreme Court of the State of New York · 2001
  3. Cauley v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1996
  4. Korchak v. SantanaAppellate Division of the Supreme Court of the State of New York · 2013
  5. Scardino v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1998

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