Opinion

Brown v. City of New York

  • 281 A.D.2d 381
  • 721 N.Y.S.2d 281
  • 2001 N.Y. App. Div. LEXIS 2117
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 5, 2001
Status
Published
Cited by
0 cases
Authority
More cited than 3.0%

The opinion

—In an action to recover damages for wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), dated July 14, 1999, which granted the defendants’ motion, in effect, to reargue the plaintiffs’ motion to strike their answer and, upon reargument, vacated a prior order of the same court dated May 5, 1999, striking the defendants’ answer upon their alleged default in responding to the motion.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants’ motion, in effect, to reargue the plaintiffs’ motion to strike their answer (see, Caccioppoli v Long Is. Jewish Med. Ctr., 271 AD2d 565 ; Fellin v Sahgal, 268 AD2d 456 ). The defendants established that they did not default in responding to the motion to strike, but had submitted opposition papers in which they provided a reasonable excuse for their failure to furnish the court-ordered discovery (see, Peterson v Melchiona, 269 AD2d 375 ; cf., Miller v Jablonski, 266 AD2d 363 ). Bracken, Acting P. J., Florio, H. Miller and Smith, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.