Peralta v. Despaigne

Appellate Division of the Supreme Court of New York

Peralta v. Despaigne

5 A.D.3d 192, 772 N.Y.S.2d 809, 2004 N.Y. App. Div. LEXIS 2589

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

DecidedMarch 11, 2004

StatusPublished

This text of 5 A.D.3d 192 (Peralta v. Despaigne) 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

Peralta v. Despaigne, 5 A.D.3d 192, 772 N.Y.S.2d 809, 2004 N.Y. App. Div. LEXIS 2589 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about March 27, 2002, which directed that defendants-appellants would be deemed to have conceded liability if they failed to appear for examinations before trial, unanimously reversed, on the law, without costs, so as to vacate the directive deeming defendants to have conceded liability.

We find that it was an error to direct that defendants-appellants would be deemed to have conceded liability in the event that they failed to appear for examinations before trial, without a showing of willful or contumacious conduct. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

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Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about March 27, 2002, which directed that defendants-appellants would be deemed to have conceded liability if they failed to appear for examinations before trial, unanimously reversed, on the law, without costs, so as to vacate the directive deeming defendants to have conceded liability.

We find that it was an error to direct that defendants-appellants would be deemed to have conceded liability in the event that they failed to appear for examinations before trial, without a showing of willful or contumacious conduct. Concur—Buckley, P.J., Williams, Lerner and Marlow, JJ.

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Bluebook (online)

5 A.D.3d 192, 772 N.Y.S.2d 809, 2004 N.Y. App. Div. LEXIS 2589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peralta-v-despaigne-nyappdiv-2004.