Davidson v. Aetna Casualty Surety Ins. Co.

3 Citing cases

  1. Davidson v. Aetna Cas. Sur. Ins. Co., Inc.

    90 N.Y.2d 844 (N.Y. 1997)

    Decided June 12, 1997 Appeal from the 2d Dept: 237 A.D.2d 321 APPEALS ON CONSTITUTIONAL GROUNDS

  2. Visalli v. Cohen

    2011 N.Y. Slip Op. 50763 (N.Y. Sup. Ct. 2011)

    This action is an extreme remedy and should not be taken absent a showing of willful and contumacious actions on behalf of the defaulting party. Davidson v. Aetna Cas. Sur. Ins. Co., 237 AD2d 321 (2d Dept. 1997). Despite the Plaintiffs' counsel's contention to the contrary, wherein he simply states the Plaintiffs cannot find the audio tape, the Court finds the Plaintiffs' actions in failing to abide by the discovery order of this Court is willful and contumacious.

  3. Atwater v. County of Suffolk

    2007 N.Y. Slip Op. 34455 (N.Y. Sup. Ct. 2007)   Cited 1 times

    CPLR 3126(3) provides that the court has the discretion to strike a pleading for failure to abide with discovery. The striking of pleadings is an extreme remedy and should not be taken absent a showing of wilful and contumacious actions on behalf of the defaulting party ( seeDavidson v AetnaCas. Sur. Ins. Co., 237 AD2d 321, 655 NYS2d 446 [2d Dept 1997], app dism 90 NY2d 844, 660 NYS2d 869, lv app dism 91 NY2d 842, 667 NYS2d 678; Stathoudakis v Kelmar Contr.Corp., 147 AD2d 690, 538 NYS2d 297 [2d Dept 1939]; Delaney v Automated Bread Corp., 110 AD2d 677, 487 NYS2d 402 [2d Dept 1985]). The County did respond to plaintiff's Notice of Discovery and Inspection on or about August 16, 2005 when it provided all of the documentation in its possession as stated in the affidavit of Michael Paduano, Suffolk County's Director of Construction and Compliance, dated July 25. 2006.