Provenzano v. Turner Construction Co.

Appellate Division of the Supreme Court of New York

Provenzano v. Turner Construction Co.

275 A.D.2d 314, 712 N.Y.S.2d 409, 2000 N.Y. App. Div. LEXIS 8569

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

DecidedAugust 7, 2000

StatusPublished

Cited by3 cases

This text of 275 A.D.2d 314 (Provenzano v. Turner Construction 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

Provenzano v. Turner Construction Co., 275 A.D.2d 314, 712 N.Y.S.2d 409, 2000 N.Y. App. Div. LEXIS 8569 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated September 8, 1999, which, in effect, granted the plaintiff’s motion, inter alia, pursuant to CPLR 3126 to strike their answer to the extent of precluding them from presenting evidence at trial on the issue of liability for failure to provide discovery.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the defendants failed to comply with a stipulation dated June 16, 1999, to provide outstanding discovery, thereby warranting the sanction imposed (see, Tirone v Staten Is. Univ. Hosp., 264 AD2d [315]*315415; Ferrantello v St. Charles Hosp. & Rehabilitation Ctr., 249 AD2d 263; Smith v City of New York, 239 AD2d 337). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated September 8, 1999, which, in effect, granted the plaintiff’s motion, inter alia, pursuant to CPLR 3126 to strike their answer to the extent of precluding them from presenting evidence at trial on the issue of liability for failure to provide discovery.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the defendants failed to comply with a stipulation dated June 16, 1999, to provide outstanding discovery, thereby warranting the sanction imposed (see, Tirone v Staten Is. Univ. Hosp., 264 AD2d [315]*315415; Ferrantello v St. Charles Hosp. & Rehabilitation Ctr., 249 AD2d 263; Smith v City of New York, 239 AD2d 337). Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

275 A.D.2d 314, 712 N.Y.S.2d 409, 2000 N.Y. App. Div. LEXIS 8569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provenzano-v-turner-construction-co-nyappdiv-2000.

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