Piampiano v. Irving Trust Co.

Appellate Division of the Supreme Court of New York

Piampiano v. Irving Trust Co.

148 A.D.2d 435, 538 N.Y.S.2d 1005, 1989 N.Y. App. Div. LEXIS 2410

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

DecidedMarch 6, 1989

StatusPublished

This text of 148 A.D.2d 435 (Piampiano v. Irving Trust 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.

Bluebook

Piampiano v. Irving Trust Co., 148 A.D.2d 435, 538 N.Y.S.2d 1005, 1989 N.Y. App. Div. LEXIS 2410 (N.Y. Ct. App. 1989).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez, J.), dated February 11, 1988, which denied their motion to strike the defendant’s answer pursuant to CPLR 3126.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances, the Supreme Court did not improvidently exercise its discretion in refusing to impose the harsh sanction of striking the defendant’s answer (cf., Corona v A-B-C Packaging Mach. Corp., 129 AD2d 762; Ricco v Deep-dale Garden Apts. Corp., 113 AD2d 822; Ferraro v Roncal Assocs., 97 AD2d 429). Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez, J.), dated February 11, 1988, which denied their motion to strike the defendant’s answer pursuant to CPLR 3126.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances, the Supreme Court did not improvidently exercise its discretion in refusing to impose the harsh sanction of striking the defendant’s answer (cf., Corona v A-B-C Packaging Mach. Corp., 129 AD2d 762; Ricco v Deep-dale Garden Apts. Corp., 113 AD2d 822; Ferraro v Roncal Assocs., 97 AD2d 429). Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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Bluebook (online)

148 A.D.2d 435, 538 N.Y.S.2d 1005, 1989 N.Y. App. Div. LEXIS 2410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piampiano-v-irving-trust-co-nyappdiv-1989.

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