From Casetext: Smarter Legal Research

Calle v. Robert Champeau, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 535 (N.Y. App. Div. 2005)

Opinion

2004-06454.

March 21, 2005.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated June 8, 2004, as granted his separate cross motions to strike the answers of the defendants Robert Champeau, Inc., and Robert R. Champeau, only to the extent of directing those defendants to provide outstanding discovery demanded by him and awarding an attorney's fee and costs.

Before: Adams, J.P., Krausman, Rivera and Lifson, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Actions should be resolved on their merits whenever possible, and the drastic remedy of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery demands was willful and contumacious ( see Jenkins v. City of New York, 13 AD3d 342; Morano v. Westchester Paving Sealing Corp., 7 AD3d 495, 496; 181 S. Franklin Assoc. v. Y R Assoc., 6 AD3d 594, 595; Traina v. Taglienti, 6 AD3d 524). Here, the Supreme Court providently exercised its discretion in determining that the drastic remedy of striking the answers of the defendants Robert Champeau, Inc., and Robert R. Champeau, was not warranted ( see Jenkins v. City of New York, supra at 343).


Summaries of

Calle v. Robert Champeau, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 535 (N.Y. App. Div. 2005)
Case details for

Calle v. Robert Champeau, Inc.

Case Details

Full title:RODRIGO CALLE, Appellant, v. ROBERT CHAMPEAU, INC., et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 2005

Citations

16 A.D.3d 535 (N.Y. App. Div. 2005)
790 N.Y.S.2d 889

Citing Cases

Shapiro v. Kurtzman

On March 29, 2004 the respondent moved pursuant to CPLR 3126 to strike the pleadings and dismiss the second…

Dumorne v. Kemel-Pierre

Ordered that the law firm of Doniger Engstrand, LLP shall comply with the above provision on or before August…