Bankers Trust Co. v. Monroe Wire & Cable Corp.

Appellate Division of the Supreme Court of New York

Bankers Trust Co. v. Monroe Wire & Cable Corp.

248 A.D.2d 134, 670 N.Y.S.2d 70, 1998 N.Y. App. Div. LEXIS 2078

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

DecidedMarch 5, 1998

StatusPublished

This text of 248 A.D.2d 134 (Bankers Trust Co. v. Monroe Wire & Cable Corp.) 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

Bankers Trust Co. v. Monroe Wire & Cable Corp., 248 A.D.2d 134, 670 N.Y.S.2d 70, 1998 N.Y. App. Div. LEXIS 2078 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about May 30, 1997, which conditionally granted plaintiffs motion to strike defendants-appellants’ answer, and denied appellants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that appellants’ failure to comply with discovery was willful, and the IAS Court therefore did not improvidently exercise its discretion in conditionally striking appellants’ answer. In light of the foregoing, appellants’ cross motion for summary judgment was properly denied. Concur— Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about May 30, 1997, which conditionally granted plaintiffs motion to strike defendants-appellants’ answer, and denied appellants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that appellants’ failure to comply with discovery was willful, and the IAS Court therefore did not improvidently exercise its discretion in conditionally striking appellants’ answer. In light of the foregoing, appellants’ cross motion for summary judgment was properly denied. Concur— Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

248 A.D.2d 134, 670 N.Y.S.2d 70, 1998 N.Y. App. Div. LEXIS 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-trust-co-v-monroe-wire-cable-corp-nyappdiv-1998.