Consumers Credit Corp. v. Green

Civil Court of the City of New York

Consumers Credit Corp. v. Green

85 Misc. 2d 808, 381 N.Y.S.2d 424, 1976 N.Y. Misc. LEXIS 2060

CourtCivil Court of the City of New York

DecidedFebruary 3, 1976

StatusPublished

This text of 85 Misc. 2d 808 (Consumers Credit Corp. v. Green) is published on Counsel Stack Legal Research, covering Civil Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Consumers Credit Corp. v. Green, 85 Misc. 2d 808, 381 N.Y.S.2d 424, 1976 N.Y. Misc. LEXIS 2060 (N.Y. Super. Ct. 1976).

Pincite

Opinion

Joseph S. Levine, J.

Defendant served her first interrogatories on May 5, 1975. When plaintiff did not object to or answer the interrogatories within the period required, defendant’s attorney called plaintiff’s attorney’s office to inquire whether the answers would be given, but got no answer to that inquiry.

Defendant then moved for an order under CPLR 3124 to compel answers to the interrogatories. By order dated August 19, 1975, Judge Dominick Corso ordered that the plaintiff be stayed from further proceedings unless the interrogatories were answered on or before September 5, 1975. Despite notice of entry of this order, plaintiff did not answer the interrogatories.

Pursuant to the CPLR, and Judge Corso’s order, defendant moves to dismiss the complaint, and demanded that opposing papers be served five days prior to this motion as is provided by CPLR 2214 (subd [b]).

[809]*809Plaintiff is precluded from any further proceedings herein and defendant’s motion to dismiss the complaint is granted. (CPLR 3126).

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Joseph S. Levine, J.

Defendant served her first interrogatories on May 5, 1975. When plaintiff did not object to or answer the interrogatories within the period required, defendant’s attorney called plaintiff’s attorney’s office to inquire whether the answers would be given, but got no answer to that inquiry.

Defendant then moved for an order under CPLR 3124 to compel answers to the interrogatories. By order dated August 19, 1975, Judge Dominick Corso ordered that the plaintiff be stayed from further proceedings unless the interrogatories were answered on or before September 5, 1975. Despite notice of entry of this order, plaintiff did not answer the interrogatories.

Pursuant to the CPLR, and Judge Corso’s order, defendant moves to dismiss the complaint, and demanded that opposing papers be served five days prior to this motion as is provided by CPLR 2214 (subd [b]).

[809]*809Plaintiff is precluded from any further proceedings herein and defendant’s motion to dismiss the complaint is granted. (CPLR 3126).

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Bluebook (online)

85 Misc. 2d 808, 381 N.Y.S.2d 424, 1976 N.Y. Misc. LEXIS 2060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consumers-credit-corp-v-green-nycivct-1976.