History
  • No items yet
midpage
Carter v. Baldwin Transportation Corp.
627 N.Y.S.2d 549
| N.Y. App. Div. | 1995
|
Check Treatment

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered May 9, 1994, which, inter alia, denied plaintiff’s motion to strike the answer of defendants Baldwin Transportation Corp. and William E. Seabrock, unanimously affirmed, with costs.

The IAS Court properly determined that defendants substantially complied with the preliminary conference order and plaintiffs demand for discovery and inspection and, therefore, properly denied plaintiffs motion to strike defendants’ answer. Actions should be decided on their merits whenever possible and the harsh penalty of striking pleadings should only be imposed where the failure to comply was willful, contumacious or due to bad faith (Bassett v Bando Sangsa Co., 103 AD2d 728), circumstances not presented herein. Concur— Ellerin, J. P., Wallach, Kupferman, Ross and Mazzarelli, JJ.

Case Details

Case Name: Carter v. Baldwin Transportation Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 18, 1995
Citation: 627 N.Y.S.2d 549
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.