Jefferson v. Temco Services Industries, Inc.
Cases that cite this one
8 later published cases cite this decision.
- Kane v. Estia Greek Restaurant, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Penge v. Board of Education (Appellate Division of the Supreme Court of New York 2004)
- Baulieu v. Ardsley Associates, L.P. (Appellate Division of the Supreme Court of New York 2011)
- Bethea v. Weston House Housing Development Fund Co. (Appellate Division of the Supreme Court of New York 2010)
- Johnson v. Samuel (Appellate Division of the Supreme Court of New York 2005)
- Alston v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
- Bitterman v. Grotyohann (Appellate Division of the Supreme Court of New York 2002)
- Greenblatt v. Fleetwood Park 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
—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about March 30, 1999, which granted the summary judgment motion of defendants Touko America Co. and Montrose Realty and the cross motions for summary judgment of third-party defendant Chemical Bank and defendant Temco, dismissing the complaint, third-party complaint, and all cross claims, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 18, 1999, which deemed plaintiff’s motion as one for reargument and denied it as such, unanimously dismissed, without costs, as taken from a nonappealable paper.
Since there was no proof that plaintiff’s failure to comply with a disclosure request pursuant to CPLR 3101 (d) (1) (i) was willful or prejudicial, that failure should not have been utilized to preclude the affidavit of plaintiff’s expert (see, McDermott v Alvey, Inc., 198 AD2d 95; Busse v Clark Equip. Co., 182 AD2d 525). Nevertheless, even when that affidavit is taken into
We have reviewed plaintiffs remaining arguments and find them unavailing. Concur — Williams, J. P., Tom, Mazzarelli and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.