Myung Sum Suh v. Jung Ja Kim
Cases that cite this one
7 later published cases cite this decision.
- LOP Development, LLC v. ZHL Group, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Suede v. Suede (Appellate Division of the Supreme Court of New York 2015)
- Piper-Rader v. Muslim (Appellate Division of the Supreme Court of New York 2012)
- Piper-Rader v. Muslim (Appellate Division of the Supreme Court of New York 2012)
- Delarosa v. Besser Co. (Appellate Division of the Supreme Court of New York 2011)
- Mironer v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Arts4all, Ltd. v. Hancock (Appellate Division of the Supreme Court of New York 2008)
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 plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), entered July 11, 2007, as granted that branch of the defendants’ motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action.
Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the defendants’ motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action is denied.
The Supreme Court improvidently exercised its discretion in striking the complaint, as there was no clear showing that the plaintiffs’ failure to comply with certain discovery demands and court-ordered discovery was willful or contumacious (see CPLR 3126; Manko v Lenox Hill Hosp., 44 AD3d 1014 [2007]; Mawson v Historic Props., LLC, 30 AD3d 480, 481 [2006]; Lombardo v St. Francis Hosp. Rehabilitation Servs., 16 AD3d 385, 386 [2005]). The record supports a finding that the plaintiffs substantially, albeit tardily, complied with the requested disclosure, and that their conduct was not willful or contumacious (see Manko v Lenox Hill Hosp., 44 AD3d 1014 [2007]; Mawson v Historic Props., LLC, 30 AD3d at 481; Lombardo v St. Francis Hosp. Rehabilitation Servs., 16 AD3d at 386). Rivera, J.E, Covello, Angiolillo and McCarthy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.