Legal Opinion
Selamaj v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), entered January 13, 1998, which denied their motion to strike the defendants’ answer pursuant to CPLR 3126 (3).
Ordered that the order is affirmed, with costs.
It is well settled that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith (see, CPLR 3126; Parish Constr. Corp. v Franlo Tile, 215 AD2d 545; Harris v City of New York, 211…
2Cases cited3 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Parish Construction Corp. v. Franlo Tile, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Hocevar v. Honig Industrial Diamond Wheel, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- 1523 Real Estate, Inc. v. East Atlantic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Brandes v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Kaplan v. EmmettAppellate Division of the Supreme Court of the State of New York · 1999
- Smith v. BynumAppellate Division of the Supreme Court of the State of New York · 1999