Dyer v. Armor Kone Elevator, Inc.

Appellate Division of the Supreme Court of New York

Dyer v. Armor Kone Elevator, Inc.

41 A.D.3d 305, 837 N.Y.S.2d 565

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

DecidedJune 26, 2007

StatusPublished

This text of 41 A.D.3d 305 (Dyer v. Armor Kone Elevator, Inc.) 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

Dyer v. Armor Kone Elevator, Inc., 41 A.D.3d 305, 837 N.Y.S.2d 565 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, Bronx County (Paul A. Victor, J), entered March 3, 2006, which granted the motion of defendants Armor Kone Elevator, Inc. and Montgomery Kone, Inc. to strike the answer of third-party defendant City of New York for failure to comply with discovery, unanimously affirmed, without costs.

The motion court properly exercised its discretion in striking third-party defendant’s answer pursuant to CPLR 3126 (3) in light of that party’s pattern of noncompliance with court orders and discovery demands over a six-year period (see Jones v Green, 34 AD3d 260 [2006]; Goldstein v CIBC World Mkts. Corp., 30 AD3d 217 [2006]; Min Yoon v Costello, 29 AD3d 407 [2006]; see also Kihl v Pfeffer, 94 NY2d 118 [1999]). Concur—Tom, J.P., Mazzarelli, Andrias, Williams and McGuire, JJ.

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Order, Supreme Court, Bronx County (Paul A. Victor, J), entered March 3, 2006, which granted the motion of defendants Armor Kone Elevator, Inc. and Montgomery Kone, Inc. to strike the answer of third-party defendant City of New York for failure to comply with discovery, unanimously affirmed, without costs.

The motion court properly exercised its discretion in striking third-party defendant’s answer pursuant to CPLR 3126 (3) in light of that party’s pattern of noncompliance with court orders and discovery demands over a six-year period (see Jones v Green, 34 AD3d 260 [2006]; Goldstein v CIBC World Mkts. Corp., 30 AD3d 217 [2006]; Min Yoon v Costello, 29 AD3d 407 [2006]; see also Kihl v Pfeffer, 94 NY2d 118 [1999]). Concur—Tom, J.P., Mazzarelli, Andrias, Williams and McGuire, JJ.

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Bluebook (online)

41 A.D.3d 305, 837 N.Y.S.2d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-v-armor-kone-elevator-inc-nyappdiv-2007.

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