Appellate Division of the Supreme Court of New York, 2000

Payne v. Rouse Corp.

Appellate Division of the Supreme Court of New York · Decided February 22, 2000

269 A.D.2d 510; 704 N.Y.S.2d 484; 2000 N.Y. App. Div. LEXIS 1990

Cases that cite this one

5 later published cases cite this decision.

A.F.C. Enterprises, Inc. v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2006)
Lombardo v. St. Francis Hospital Rehabilitation Services (Appellate Division of the Supreme Court of New York 2005)
Barth v. City of New York (Appellate Division of the Supreme Court of New York 2002)
Decavallas v. Pappantoniou (Appellate Division of the Supreme Court of New York 2002)
Ploski v. Riverwood Owners Corp. (Appellate Division of the Supreme Court of New York 2001)

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

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Richmond County (Lebdwitz, J.), dated May 14, 1999, as denied their motion to dismiss the complaint pursuant to CPLR 3126 and their separate motion for sanctions and costs.

Ordered that the order is affirmed insofar as appealed from, with costs.

The striking of a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure is a drastic remedy *511and a motion to strike should be granted only where the conduct of the nonmoving party is shown to be willful, contumacious, or in bad faith. The Supreme Court properly declined to strike the complaint, finding that the plaintiffs generally provided the requested discovery and that their conduct was not willful, contumacious, or in bad faith (see, Lestingi v City of New York, 209 AD2d 384; McCarthy v Klein, 238 AD2d 552).

The defendants’ remaining contentions are without merit. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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