Dennis v. 1 Brooklyn Furniture Store

Appellate Division of the Supreme Court of New York

Dennis v. 1 Brooklyn Furniture Store

131 A.D.3d 1097, 16 N.Y.S.3d 757

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 2015·No. 2014-08287·Published

Opinion

In an action, inter alia, to recover damages for injury to property, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Saitta, J.), dated June 2, 2014, as denied that branch of his motion which was pursuant to CPLR 3126 to strike the defendants’ answers.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiff’s motion which was pursuant to CPLR 3126 to strike the defendants’ answers.

Leventhal, J.P., Dickerson, Roman and Hinds-Radix, JJ., concur.

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In an action, inter alia, to recover damages for injury to property, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Saitta, J.), dated June 2, 2014, as denied that branch of his motion which was pursuant to CPLR 3126 to strike the defendants’ answers.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiff’s motion which was pursuant to CPLR 3126 to strike the defendants’ answers.

Leventhal, J.P., Dickerson, Roman and Hinds-Radix, JJ., concur.

Dennis v. 1 Brooklyn Furniture Store, 131 A.D.3d 1097, 16 N.Y.S.3d 757 (N.Y. Ct. App. 2015).

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131 A.D.3d 1097 (Dennis v. 1 Brooklyn Furniture Store) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.