Yellow Trading Ltd. v. Fratelli Ricatto Import & Export Co.

Appellate Division of the Supreme Court of New York

Yellow Trading Ltd. v. Fratelli Ricatto Import & Export Co.

279 A.D.2d 572, 719 N.Y.S.2d 610, 2001 N.Y. App. Div. LEXIS 558

Appellate Division of the Supreme Court of the State of New York·Decided January 22, 2001·Published·Cited by 1 cases

Opinion

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Kings County (Mason, J.), dated January 3, 2000, which, after an inquest on the issue of damages upon the striking of its answer, is in favor of the plaintiff and against it in the principal sum of $59,835.81.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court did not err in granting the plaintiff’s motion to strike its answer, pursuant to the terms of a so-ordered stipulation providing for such a remedy, after the defendant failed to timely provide agreed-to disclosure (see, CPLR 3126; cf., Sandcham Realty Corp. v Sonnenschine, 246 AD2d 477).

The defendant’s remaining contentions are without merit (see, Aliano v LaMaina, 176 Misc 2d 975, affd 255 AD2d 276). Ritter, J. P., S. Miller, Luciano and Smith, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Kings County (Mason, J.), dated January 3, 2000, which, after an inquest on the issue of damages upon the striking of its answer, is in favor of the plaintiff and against it in the principal sum of $59,835.81.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court did not err in granting the plaintiff’s motion to strike its answer, pursuant to the terms of a so-ordered stipulation providing for such a remedy, after the defendant failed to timely provide agreed-to disclosure (see, CPLR 3126; cf., Sandcham Realty Corp. v Sonnenschine, 246 AD2d 477).

The defendant’s remaining contentions are without merit (see, Aliano v LaMaina, 176 Misc 2d 975, affd 255 AD2d 276). Ritter, J. P., S. Miller, Luciano and Smith, JJ., concur.

Yellow Trading Ltd. v. Fratelli Ricatto Import & Export Co., 279 A.D.2d 572, 719 N.Y.S.2d 610, 2001 N.Y. App. Div. LEXIS 558 (N.Y. Ct. App. 2001).

Pincite

279 A.D.2d 572 (Yellow Trading Ltd. v. Fratelli Ricatto Import & Export Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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