Alert Medical Personnel v. Rera

Appellate Division of the Supreme Court of New York

Alert Medical Personnel v. Rera

219 A.D.2d 691, 631 N.Y.S.2d 433, 1995 N.Y. App. Div. LEXIS 9571

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 1995

StatusPublished

Cited by1 cases

This text of 219 A.D.2d 691 (Alert Medical Personnel v. Rera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alert Medical Personnel v. Rera, 219 A.D.2d 691, 631 N.Y.S.2d 433, 1995 N.Y. App. Div. LEXIS 9571 (N.Y. Ct. App. 1995).

Pincite

Opinion

In an action to recover damages, inter alia, for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 4, 1994, which granted the plaintiffs motion, inter alia, to dismiss their counterclaim and imposed sanctions of $500 against their attorney.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion is denied, and the sanctions are vacated.

Under the court’s conditional order of preclusion, the defendants had 60 days from service of a copy of the order with notice of entry to comply with the plaintiffs discovery demands. The order was served by mail on August 31, 1993, giving the defendants until November 4, 1993 to serve their responses (see, CPLR 2103 [b] [2]; see also, Sultana v Nassau Hosp., 188 AD2d 647). The defendants complied with the court’s order by serving their responses on November 1, 1993. Accordingly, the defendants’ counterclaim should not have been dismissed and sanctions should not have been imposed. Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages, inter alia, for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 4, 1994, which granted the plaintiffs motion, inter alia, to dismiss their counterclaim and imposed sanctions of $500 against their attorney.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion is denied, and the sanctions are vacated.

Under the court’s conditional order of preclusion, the defendants had 60 days from service of a copy of the order with notice of entry to comply with the plaintiffs discovery demands. The order was served by mail on August 31, 1993, giving the defendants until November 4, 1993 to serve their responses (see, CPLR 2103 [b] [2]; see also, Sultana v Nassau Hosp., 188 AD2d 647). The defendants complied with the court’s order by serving their responses on November 1, 1993. Accordingly, the defendants’ counterclaim should not have been dismissed and sanctions should not have been imposed. Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

219 A.D.2d 691, 631 N.Y.S.2d 433, 1995 N.Y. App. Div. LEXIS 9571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alert-medical-personnel-v-rera-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack