Gale v. Delmonico Hotel Co.

Appellate Division of the Supreme Court of New York

Gale v. Delmonico Hotel Co.

260 A.D.2d 276, 686 N.Y.S.2d 707, 1999 N.Y. App. Div. LEXIS 4152

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

DecidedApril 22, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 276 (Gale v. Delmonico Hotel Co.) 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.

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Gale v. Delmonico Hotel Co., 260 A.D.2d 276, 686 N.Y.S.2d 707, 1999 N.Y. App. Div. LEXIS 4152 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered April 27, 1998, which incorporated an earlier order of the same court and Justice, granting defendants’ motion to dismiss the complaint for plaintiffs failure to comply with discovery demands, unanimously affirmed, without costs.

The court properly exercised its discretion in dismissing the complaint pursuant to CPLR 3126, since plaintiff had engaged in a pattern of delay on crucial aspects of the case, resulting in prejudice to defendants. Concur — Nardelli, J. P., Wallach, Lerner and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered April 27, 1998, which incorporated an earlier order of the same court and Justice, granting defendants’ motion to dismiss the complaint for plaintiffs failure to comply with discovery demands, unanimously affirmed, without costs.

The court properly exercised its discretion in dismissing the complaint pursuant to CPLR 3126, since plaintiff had engaged in a pattern of delay on crucial aspects of the case, resulting in prejudice to defendants. Concur — Nardelli, J. P., Wallach, Lerner and Andrias, JJ.

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Bluebook (online)

260 A.D.2d 276, 686 N.Y.S.2d 707, 1999 N.Y. App. Div. LEXIS 4152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gale-v-delmonico-hotel-co-nyappdiv-1999.

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