1. Home
  2. Browse Decisions
  3. NY
  4. 2008 NY
  5. 2008 NY Slip Op 06031
 

LAUER v. CITY OF BUFFALO

CA 07-02642.

2008 NY Slip Op 06031

CHRISTINE LAUER, PLAINTIFF-APPELLANT, v. CITY OF BUFFALO, ET AL., DEFENDANTS, NIAGARA FRONTIER TRANSIT AUTHORITY AND NFT POLICE DEPARTMENT, DEFENDANTS-RESPONDENTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

NELSON S. TORRE, BUFFALO, FOR PLAINTIFF-APPELLANT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (THOMAS J. SPEYER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: HURLBUTT, J.P., LUNN, FAHEY, AND PINE, JJ.

OPINION AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Opinion by HURLBUTT, J.P.:

The primary issue presented on this appeal is whether a party who has failed to comply with a conditional order striking its answer as a discovery sanction pursuant to CPLR 3126 (3) may seek relief from its default in failing to comply by a motion to vacate that order pursuant to CPLR 5015 (a) (1). We conclude that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases