In re the Estate of Cohn
Cases that cite this one
3 later published cases cite this decision.
- Barniak v. Richter (Appellate Division of the Supreme Court of New York 2008)
- In re the Estate of Cohn (Appellate Division of the Supreme Court of New York 2007)
- Jones v. Corley (Appellate Division of the Supreme Court of New York 2006)
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, inter alia, to recover damages for breach of fiduciary duty and for an accounting, which was transferred from the Supreme Court, Nassau County, to the Surrogate’s Court, Nassau County, the defendants appeal from an order of the Surrogate’s Court, Nassau County (Riordan, J.), dated January 7, 2004, which, among other things, granted that branch of the plaintiffs’ motion which was to strike their answer pursuant to CPLR 3126.
Ordered that the order is affirmed, with costs.
The Surrogate’s Court providently exercised its discretion in granting that branch of the plaintiffs’ motion which was to strike the defendants’ answer pursuant to CPLR 3126 (3), since the defendants repeatedly failed to comply with court orders with respect to discovery (see Bates v Baez, 299 AD2d 382 [2002]; Patterson v Greater N.Y. Corp. of Seventh Day Adventists, 284 AJD2d 382 [2001]; Town of Southampton v Salten, 186 AD2d 796 [1992]). Prudenti, EJ., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.