Appellate Division of the Supreme Court of New York, 1996

Frye v. City of New York

Appellate Division of the Supreme Court of New York · Decided June 6, 1996

228 A.D.2d 182; 643 N.Y.2d 90; 643 N.Y.S.2d 90; 1996 N.Y. App. Div. LEXIS 6381

Cases that cite this one

23 later published cases cite this decision.

CEMD Elevator Corp. v. Metrotech LLC (Appellate Division of the Supreme Court of New York 2016)
Levin v. City of New York (New York Supreme Court, New York County 2024)
Levin v. City of New York (New York Supreme Court, New York County 2024)
Cruz v. City of New York (New York Supreme Court, New York County 2024)
Viruet v. Mount Sinai Medical Center Inc. (Appellate Division of the Supreme Court of New York 2016)
Hogin v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Hogin v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Perez v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Delgado v. City of New York (Appellate Division of the Supreme Court of New York 2008)
Ortiz v. Board of Education (Appellate Division of the Supreme Court of New York 2006)
Martinez v. New York Presbyterian Hospital (Appellate Division of the Supreme Court of New York 2006)
Guzetti v. City of New York (Appellate Division of the Supreme Court of New York 2006)
Vizcarrondo v. Board of Education (Appellate Division of the Supreme Court of New York 2005)
TOA Construction Co. v. Tsitsires (Appellate Division of the Supreme Court of New York 2004)
Lanzot v. Blecher (Appellate Division of the Supreme Court of New York 2004)
Lanzot v. Blecher (Appellate Division of the Supreme Court of New York 2004)
Katz v. Dream Trans, Inc. (Appellate Division of the Supreme Court of New York 2004)
Catarine v. Beth Israel Medical Center (Appellate Division of the Supreme Court of New York 2002)
Adair v. City of New York (Appellate Division of the Supreme Court of New York 2002)
Cox v. City of New York (Appellate Division of the Supreme Court of New York 2001)
Santiago v. Broome Street Parking Lot (Appellate Division of the Supreme Court of New York 1998)
Corner Realty 30/7, Inc. v. Bernstein Management Corp. (Appellate Division of the Supreme Court of New York 1998)
Thomas v. McGuire Service Corp. (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The IAS Court did not improvidently exercise its discretion in declining to strike defendants’ answer pursuant to CPLR 3126 for noncompliance with prior disclosure orders inasmuch as plaintiff failed to establish that defendants’ failure to appear at court-ordered examinations before trial was willful or contumacious, and since defendants offered a reasonable excuse for their good-faith, albeit belated, efforts to comply (Rossi v Lin, 189 AD2d 868; Bassett v Bando Sangsa Co., 103 AD2d 728). Although the record indicates that defendants were less than diligent in meeting court deadlines, these derelictions did not warrant imposition of the drastic sanction of striking their *183answer absent a clear showing that the conduct was willful or contumacious (Bako v V. T. Trucking Co., 143 AD2d 561, 562; Dauria v City of New York, 127 AD2d 459). Concur—Murphy, P. J., Wallach, Rubin, Williams and Mazzarelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.