Di Bartolo v. American & Foreign Insurance

5 Citing cases

  1. Askinazy v. Jacobson

    40 A.D.2d 860 (N.Y. App. Div. 1972)   Cited 2 times

    We agree with Special Term that defendant did not have the right to decide for himself the propriety of the order directing the examination before trial to continue and that defendant's failure to appear as ordered was willful and contumacious. However, under the circumstances presented in the record, it was error for Special Term to strike defendant's answer instead of applying the existent less drastic means to insure disclosure ( Di Bartolo v. American Foreign Ins. Co., 48 Misc.2d 843, affd. 26 A.D.2d 992). Hopkins, Acting P.J., Munder, Shapiro and Gulotta, JJ., concur; Martuscello, J., not voting.

  2. Entertainment Group v. Davis

    155 Misc. 2d 894 (N.Y. Sup. Ct. 1992)   Cited 14 times

    (Stevens v Central Natl. Bank, 168 N.Y. 560, 566; see also, 24 N.Y. Jur 2d, Costs, ยง 1.) Indeed, many types of relief similar to CPLR 8303-a sanctions incorporate no set monetary limitation, such as legal fees as damages on contempt (317 W. 87 Assocs. v Dannenberg, 170 A.D.2d 250 [1st Dept 1991] [perjury and forged document]); if the action in question involves a court order (Stein v Farah N.Y., 169 A.D.2d 378 [1st Dept 1991]); relief for discovery abuse under CPLR 3126 (1), (see, Renford v Lizardo, 104 A.D.2d 717 [4th Dept 1984]; Nomako v Ashton, 22 A.D.2d 683 [1st Dept 1964]; Di Bartolo v American Foreign Ins. Co., 48 Misc.2d 843, affd 26 A.D.2d 992 [2d Dept 1966]); or a claim for economic injury for a suit maliciously designed to harass and oppress (see, United Pickle Co. v Omanoff, 63 A.D.2d 892 [1st Dept 1978]). None of these items are viewed as a significant inroad upon the American rule in relation to legal fees, under which each party bears its own litigation costs (see, Alyeska Pipeline Co. v Wilderness Socy., 421 U.S. 240, 247).

  3. Matter of Gretka

    100 Misc. 2d 170 (N.Y. Sup. Ct. 1979)   Cited 3 times

    In addition, the court is empowered to fashion appropriate penalties "as are just", where a party refuses to disclose what ought to have been disclosed (CPLR 3126). While not specifically enumerated in the statute, an award of counsel fees has been found to be such a just penalty (Di Bartolo v American Foreign Ins. Co., 48 Misc.2d 843, affd 26 A.D.2d 992; Nomako v Ashton, 22 A.D.2d 683; Warner v Bumgarner, 49 Misc.2d 488). This matter is before the court at this juncture only because of respondent's reluctance to permit discovery.

  4. Gottlieb v. Edelstein

    84 Misc. 2d 1053 (N.Y. Sup. Ct. 1975)   Cited 4 times

    As a further condition to relief from the penalty hereinbefore imposed, defendants shall pay to plaintiff the sum of $434 disbursements for referee and court reporter fees, a counsel fee of $500, and $20 costs of this motion. (Nomako v Ashton, 22 A.D.2d 683; Bennett Bros. v Floyd Bennett Farmers Market Corp., 16 A.D.2d 897; Di Bartolo v American Foreign Ins. Co., 48 Misc.2d 843.)" (Warner v Bumgarner, 49 Misc.2d 488, 492; Di Bartolo v American Foreign Ins. Co. was affd without opn 26 A.D.2d 992.)

  5. Warner v. Bumgarner

    49 Misc. 2d 488 (N.Y. Sup. Ct. 1966)   Cited 3 times

    As a further condition to relief from the penalty hereinbefore imposed, defendants shall pay to plaintiff the sum of $434 disbursements for referee and court reporter fees, a counsel fee of $500, and $20 costs of this motion. ( Nomako v. Ashton, 22 A.D.2d 683; Bennett Bros. v. Floyd Bennett Farmers Market Corp., 16 A.D.2d 897; Di Bartolo v. American Foreign Ins. Co., 48 Misc.2d 843.)