Consumers Credit Corp. v. Green

Appellate Terms of the Supreme Court of New York

Consumers Credit Corp. v. Green

88 Misc. 2d 87, 387 N.Y.S.2d 1023, 1976 N.Y. Misc. LEXIS 2632

Appellate Terms of the Supreme Court of New York·Decided August 16, 1976·Published·Cited by 1 cases

Opinion

Memorandum. Order unanimously reversed, without costs, and motion denied on condition that plaintiffs attorney pay the sum of $50 to defendant’s attorney within five days of service of a copy of the order hereon; otherwise, order affirmed with $10 costs.

The failure to disclose was not so willful as to justify the drastic remedy of dismissal (Marsh v Lee & Sons, 34 AD2d 985; Askinazy v Jacobson, 40 AD2d 860; Cinelli v Radcliffe, 35 AD2d 829; La Manna Concrete v Friedman, 34 AD2d 576).

Concur: Swartzwald, P. J., Rinaldi and Buschmann, JJ.

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Memorandum. Order unanimously reversed, without costs, and motion denied on condition that plaintiffs attorney pay the sum of $50 to defendant’s attorney within five days of service of a copy of the order hereon; otherwise, order affirmed with $10 costs.

The failure to disclose was not so willful as to justify the drastic remedy of dismissal (Marsh v Lee & Sons, 34 AD2d 985; Askinazy v Jacobson, 40 AD2d 860; Cinelli v Radcliffe, 35 AD2d 829; La Manna Concrete v Friedman, 34 AD2d 576).

Concur: Swartzwald, P. J., Rinaldi and Buschmann, JJ.

Consumers Credit Corp. v. Green, 88 Misc. 2d 87, 387 N.Y.S.2d 1023, 1976 N.Y. Misc. LEXIS 2632 (N.Y. Ct. App. 1976).

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Opinion

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