Automatic Mail Service, Inc. v. Xerox Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Smith, J.), dated February 23, 1989, as granted the plaintiffs motion for an unconditional order of preclusion and the imposition of monetary sanctions based upon the defendant’s failure to comply with a prior discovery order.
Ordered that the order is reversed insofar as appealed from, with costs, and the plaintiffs motion is denied.
We find that the Supreme Court improvidently exercised its discretion by…
2Cases cited12 opinions
- Bassett v. Bando Sangsa Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
- Oak Beach Inn Corp. v. Babylon Beacon, Inc.New York Court of Appeals · 1984
- Gaylord Bros. v. RND Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Newman v. Chartered New England Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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- Caruso v. MalangAppellate Division of the Supreme Court of the State of New York · 1996
- White v. Bical Dev., Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- White v. Bical Dev., Inc.Appellate Division of the Supreme Court of the State of New York · 2024
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