ARTS4ALL, Ltd. v. Hancock
| Decision Date | 12 May 2009 |
| Docket Number | No. 121 SSM 10.,121 SSM 10. |
| Citation | 12 N.Y.3d 846,909 N.E.2d 83 |
| Parties | ARTS4ALL, LTD., Appellant, et al., Plaintiff, v. Judith L. HANCOCK, Respondent and Counterclaim Plaintiff-Respondent, et al., Additional Counterclaim Defendants. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question not answered as unnecessary.
The courts below applied the correct legal standards, properly considered all the facts and circumstances of the case, and did not abuse their discretion in dismissing plaintiffs' remaining cause of action pursuant to CPLR 3126(3) (see Kihl v. Pfeffer, 94 N.Y.2d 118, 123, 700 N.Y.S.2d 87, 722 N.E.2d 55 [1999]).
Chief Judge LIPPMAN took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs, and certified question not answered as unnecessary, in a memorandum.
To continue reading
Request your trial
-
CDR Créances S.A. v. Cohen
...discretion in striking the answer ( Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 863 N.Y.S.2d 193 [1st Dept. 2008],affd.12 N.Y.3d 846, 881 N.Y.S.2d 390, 909 N.E.2d 83 [2009],cert. denied––– U.S. ––––, 130 S.Ct. 1301, 175 L.Ed.2d 1076 [2010] ). The ample record is more than sufficient to demons......
-
Watson v. City of N.Y.
...parties who appear before it" ( Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 287, 863 N.Y.S.2d 193 [1st Dept. 2008], affd 12 N.Y.3d 846, 881 N.Y.S.2d 390, 909 N.E.2d 83 [2009], cert denied 559 U.S. 905, 130 S.Ct. 1301, 175 L.Ed.2d 1076 [2010] ). "[I]t generally is within the discretion of the ......
-
CDR CRéances S.A.S. v. Cohen
...ultimately contumacious” ( see Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 286, 863 N.Y.S.2d 193 [1st Dept.2008], affd.12 N.Y.3d 846, 881 N.Y.S.2d 390, 909 N.E.2d 83 [2009], and affd.13 N.Y.3d 812, 890 N.Y.S.2d 432, 918 N.E.2d 945 [2009] ). Apart from CPLR 3126, a court has inherent power to ......
-
CDR Créances S.A.S. v. Cohen
...ultimately contumacious” (see Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 286, 863 N.Y.S.2d 193 [1st Dept.2008], affd. 12 N.Y.3d 846, 881 N.Y.S.2d 390, 909 N.E.2d 83 [2009], and affd. 13 N.Y.3d 812, 890 N.Y.S.2d 432, 918 N.E.2d 945 [2009] ). Apart from CPLR 3126, a court has inherent power to......
-
Table of cases
...N.Y.S.2d 257 (1st Dept. 1991), § 6:30 Art Capital Group LLC v. Rose, 54 A.D.3d 276, 862 N.Y.S. 369 (2008), § 7:70 Arts4all v. Hancock, 12 N.Y.3d 846 (2009) aff’g 54 A.D.3d 286 (1st Dept. 2008), § 18:30 Asare v. Ramirez, 5 A.D.3d 193, 772 N.Y.S.2d 810 (1st Dept. 2004), § 5:160 Askey v. Occid......
-
Attorney conduct
...contumacious behavior in not complying with multiple discovery orders, and awarding judgment to plaintif. Arts4all v. Hancock , 12 N.Y.3d 846 (2009) af ’g 54 A.D.3d 286 (1st Dept. 2008). Court providently exercised its discretion in striking the pleadings for parties’ repeated noncompliance......
-
Attorney conduct
...contumacious behavior in not complying with multiple discovery orders, and awarding judgment to plaintiff. Arts4all v. Hancock, 12 N.Y.3d 846 (2009) aff’g 54 A.D.3d 286 (1st Dept. 2008). Court providently exercised its discretion in striking the pleadings for parties’ repeated noncompliance......
-
Attorney conduct
...contumacious behavior in not complying with multiple discovery orders, and awarding judgment to plaintiff. Arts4all v. Hancock , 12 N.Y.3d 846 (2009), aff ’g, 54 A.D.3d 286 (1st Dept. 2008). Court providently exercised its discretion in striking the pleadings for parties’ repeated noncompli......