From Casetext: Smarter Legal Research

Hilley v. Sanabria

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 2004
12 A.D.3d 1188 (N.Y. App. Div. 2004)

Opinion

CA 04-01218.

November 19, 2004.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered December 29, 2003 in a personal injury action. The order, insofar as appealed from, directed plaintiff's attorney to pay defendants Michelle A. Tartaglia and Anthony F. Tartaglia the sum of $500 to cover the cost of the late cancellation of a medical examination of plaintiff.

Before: Pigott, Jr., P.J., Pine, Scudder, Kehoe and Lawton, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Contrary to plaintiff's contention, Supreme Court did not abuse its discretion in ordering plaintiff's attorney to pay defendants Michelle A. Tartaglia and Anthony F. Tartaglia the sum of $500 "to cover the cost of the late cancellation of the prior medical examination" of plaintiff ( see generally CPLR 3126; Adams v. Deloreto, 272 AD2d 875; Flynn v. Debonis, 246 AD2d 852, 853). The contentions of plaintiff's attorney that the order constituted a sanction under 22 NYCRR 130-1.1 and that the court did not comply with 22 NYCRR 130-1.2 are without merit. Remedies within the court's discretion pursuant to CPLR 3126 are different from remedies pursuant to the regulations ( see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3126:11), and here the relief sought was under CPLR article 31.


Summaries of

Hilley v. Sanabria

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 2004
12 A.D.3d 1188 (N.Y. App. Div. 2004)
Case details for

Hilley v. Sanabria

Case Details

Full title:JUSTINE HILLEY, Appellant, v. JORGE SANABRIA, Defendant, and MICHELLE A…

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

Date published: Nov 19, 2004

Citations

12 A.D.3d 1188 (N.Y. App. Div. 2004)
784 N.Y.S.2d 432

Citing Cases

Powell v. JP Morgan Chase & Co.

However, the Court will grant movants relief under CPLR sections 3124 and 3126 to compel Powell to appear for…

McCarter v. Woods

We therefore modify the order accordingly. Finally, contrary to plaintiff's contention, the court did not…