Silver v. Temple Shalom of Flatbush, Inc.

Appellate Division of the Supreme Court of New York

Silver v. Temple Shalom of Flatbush, Inc.

114 A.D.2d 445, 494 N.Y.S.2d 993, 1985 N.Y. App. Div. LEXIS 53139

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

DecidedOctober 21, 1985

StatusPublished

This text of 114 A.D.2d 445 (Silver v. Temple Shalom of Flatbush, Inc.) 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

Silver v. Temple Shalom of Flatbush, Inc., 114 A.D.2d 445, 494 N.Y.S.2d 993, 1985 N.Y. App. Div. LEXIS 53139 (N.Y. Ct. App. 1985).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., defendant Abruzzi Contractors Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated May 24, 1984, as struck its answer, severed the action against it, dismissed its cross claim, and directed that an assessment of damages against it proceed simultaneously with the trial of plaintiffs’ action against the remaining defendants, based upon its failure to comply with prior orders of the same court governing discovery.

Order affirmed, insofar as appealed from, with costs to plaintiffs.

The order was appropriate in light of appellant’s persistent failure to participate in court-ordered discovery proceedings. Mollen, P. J., Thompson, Bracken and O’Connor, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., defendant Abruzzi Contractors Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated May 24, 1984, as struck its answer, severed the action against it, dismissed its cross claim, and directed that an assessment of damages against it proceed simultaneously with the trial of plaintiffs’ action against the remaining defendants, based upon its failure to comply with prior orders of the same court governing discovery.

Order affirmed, insofar as appealed from, with costs to plaintiffs.

The order was appropriate in light of appellant’s persistent failure to participate in court-ordered discovery proceedings. Mollen, P. J., Thompson, Bracken and O’Connor, JJ., concur.

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Bluebook (online)

114 A.D.2d 445, 494 N.Y.S.2d 993, 1985 N.Y. App. Div. LEXIS 53139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-temple-shalom-of-flatbush-inc-nyappdiv-1985.