Nicoletti v. Ozram Transportation, Inc.
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 defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated August 23, 2000, which granted the plaintiffs’ motion pursuant to CPLR 3126 and 3215 for leave to enter a judgment against it upon its failure to comply with discovery demands to the extent of striking the answer and directing an inquest.
Ordered that the order is affirmed, with costs.
While the nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter within the discretion of the court, the drastic remedy…
2Cases cited6 opinions
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Polanco v. DuranAppellate Division of the Supreme Court of the State of New York · 2000
- Quinn v. MenzelAppellate Division of the Supreme Court of the State of New York · 2001
- Aliano v. LaMainaNew York Supreme Court · 1998
- Aliano v. LamainaAppellate Division of the Supreme Court of the State of New York · 1998
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