Hall v. Penas
Cases that cite this one
14 later published cases cite this decision.
- Brasil-Puello v. Weisman (Appellate Division of the Supreme Court of New York 2022)
- Denton v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2006)
- Gavrielatos v. Vienna Hotel (Appellate Division of the Supreme Court of New York 2006)
- Koslosky v. Khorramian (Appellate Division of the Supreme Court of New York 2006)
- Estate of Alston v. Ramseur (Appellate Division of the Supreme Court of New York 2015)
- Kolonkowski v. Daily News, L.P. (Appellate Division of the Supreme Court of New York 2013)
- Kolonkowski v. Daily News, L.P. (Appellate Division of the Supreme Court of New York 2013)
- Servais v. Silk Nail Corp. (Appellate Division of the Supreme Court of New York 2012)
- Servais v. Silk Nail Corp. (Appellate Division of the Supreme Court of New York 2012)
- Mars v. Sharp (Appellate Division of the Supreme Court of New York 2011)
- Calder v. Cofta (Appellate Division of the Supreme Court of New York 2008)
- Gray v. Jaeger (Appellate Division of the Supreme Court of New York 2008)
- Amato v. Fast Repair, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Baturov v. Marchewka (Appellate Division of the Supreme Court of New York 2004)
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, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated July 9, 2003, as denied that branch of her motion which was to strike the defendant’s answer for failure to comply with a conditional order dated March 28, 2002, and granted that branch of the defendant’s cross motion which was to compel her to provide certain medical authorizations.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff’s motion which was to strike the answer is granted, and that branch of the defendant’s cross motion which was to compel her to provide certain medical authorizations is denied.
As a result of the defendant’s failure to appear for her deposition on or before May 2, 2003, the conditional order dated March 28, 2002, became absolute (see Marrone v Orson Holding Corp., 302 AD2d 371 [2003]; Stewart v City of New York, 266 AD2d 452 [1999]). To be relieved of the adverse impact of the
In addition, since the defendant’s answer is now stricken, she is not entitled to any further discovery (see Minicozzi v Gerbino, 301 AD2d 580 [2003]; Santiago v Siega, 255 AD2d 307 [1998]). Altman, J.P., Krausman, Goldstein and Mastro, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.