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12 Dec 2011, 12:23 am by John Diekman
Practice point: Pursuant to CPLR 3126, a court may strike an answer as a sanction if a defendant refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.Student note: However, the drastic remedy of striking an answer is inappropriate absent a clear showing that the defendant's failure to comply with discovery demands was willful or contumacious.Case: Hoi Wah Lai v. [read post]
30 Jun 2009, 7:12 pm
Second, her property rights ruling in Didden v. [read post]
15 Sep 2016, 7:42 am by lennyesq
Thus, Roesner failed to lay a proper foundation for the admission of records concerning the appellant’s payment history (see Citibank, N.A. v Cabrera, 130 AD3d at 861; JP Morgan Chase Bank, N.A. v RADS Group, Inc. [read post]
22 Feb 2012, 12:14 pm by Roy Ginsburg
In adopting the ministerial exception, the Court distinguished its prior holding in Employment Division, Department of Human Resources of Oregon v. [read post]