Home/Appellate Division of the Supreme Court of New York/Poteat v. 443 Clinton Realty Corp.

Poteat v. 443 Clinton Realty Corp.

259 A.D.2d 606, 684 N.Y.S.2d 922, 1999 N.Y. App. Div. LEXIS 2487
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 15, 1999
StatusPublished

This text of 259 A.D.2d 606 (Poteat v. 443 Clinton Realty Corp.) 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
Poteat v. 443 Clinton Realty Corp., 259 A.D.2d 606, 684 N.Y.S.2d 922, 1999 N.Y. App. Div. LEXIS 2487 (N.Y. Ct. App. 1999).

Opinion

In an action to recover damages, inter alia, for conversion and assault, the plaintiffs appeal from an order of the Supreme Court, Kings County (Garson, J.), dated February 2, 1998, which denied the motion by their attorney to be relieved, and granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3126 based on their failure to comply with certain court-ordered discovery.

Ordered that the order is affirmed, with costs.

[607]*607The Supreme Court did not improvidently exercise its discretion in granting the defendants’ cross motion to dismiss the complaint pursuant to CPLR 3216 (see, Zletz v Wetanson, 67 NY2d 711; Amato v County of Westchester, 243 AD2d 593; Frias v Fortini, 240 AD2d 467).

The plaintiffs’ remaining contention is without merit. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Zletz v. Wetanson
490 N.E.2d 852 (New York Court of Appeals, 1986)
Frias v. Fortini
240 A.D.2d 467 (Appellate Division of the Supreme Court of New York, 1997)
Amato v. County of Westchester
243 A.D.2d 593 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
259 A.D.2d 606, 684 N.Y.S.2d 922, 1999 N.Y. App. Div. LEXIS 2487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poteat-v-443-clinton-realty-corp-nyappdiv-1999.