Sysol v. Sommer

Appellate Division of the Supreme Court of New York

Sysol v. Sommer

51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11821

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

DecidedMarch 15, 1976

StatusPublished

This text of 51 A.D.2d 1028 (Sysol v. Sommer) 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

Sysol v. Sommer, 51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11821 (N.Y. Ct. App. 1976).

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Opinion

—In a negligence action to recover damages for personal injuries, defendant appeals from two orders of the Supreme Court, Nassau County, entered September 17, 1975 and October 7, 1975, respectively, which, inter alia, granted plaintiff’s motion to strike his answer. Orders reversed, without costs or disbursements, on condition that defendant pay plaintiff’s attorney the sum of $350 within 20 days after service upon defendant of a copy of the order to be made hereon, together with notice of entry; and otherwise orders affirmed, with one bill of $50 costs and disbursements. The striking of an answer is an extreme penalty and, under all of the circumstances, that penalty should not have been invoked in this case (see Shaw v Stewart Franklin Apts., 49 AD2d 892). Margett, Damiani, Rabin and Hawkins, JJ., concur; Cohalan, Acting P. J., dissents and votes to affirm the orders.

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—In a negligence action to recover damages for personal injuries, defendant appeals from two orders of the Supreme Court, Nassau County, entered September 17, 1975 and October 7, 1975, respectively, which, inter alia, granted plaintiff’s motion to strike his answer. Orders reversed, without costs or disbursements, on condition that defendant pay plaintiff’s attorney the sum of $350 within 20 days after service upon defendant of a copy of the order to be made hereon, together with notice of entry; and otherwise orders affirmed, with one bill of $50 costs and disbursements. The striking of an answer is an extreme penalty and, under all of the circumstances, that penalty should not have been invoked in this case (see Shaw v Stewart Franklin Apts., 49 AD2d 892). Margett, Damiani, Rabin and Hawkins, JJ., concur; Cohalan, Acting P. J., dissents and votes to affirm the orders.

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Bluebook (online)

51 A.D.2d 1028, 381 N.Y.S.2d 128, 1976 N.Y. App. Div. LEXIS 11821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sysol-v-sommer-nyappdiv-1976.

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