Chowdhury v. Hudson Valley Limousine Serv., LLC
Decision Date | 20 June 2018 |
Docket Number | 2017–04172,Index No. 703892/15 |
Citation | 81 N.Y.S.3d 63,162 A.D.3d 845 |
Parties | Ahad CHOWDHURY, et al., plaintiffs-respondents, v. HUDSON VALLEY LIMOUSINE SERVICE, LLC, et al., defendants-respondents, Derek A. Koonin, appellant, et al., defendants. |
Court | New York Supreme Court — Appellate Division |
162 A.D.3d 845
81 N.Y.S.3d 63
Ahad CHOWDHURY, et al., plaintiffs-respondents,
v.
HUDSON VALLEY LIMOUSINE SERVICE, LLC, et al., defendants-respondents,
Derek A. Koonin, appellant, et al., defendants.
2017–04172
Index No. 703892/15
Supreme Court, Appellate Division, Second Department, New York.
Submitted—February 13, 2018
June 20, 2018
Mendolia & Stenz (Picciano & Scahill, P.C., Bethpage, N.Y. [Andrea E. Ferucci], of counsel), for appellant.
Ahmuty, Demers & McManus, Albertson, N.Y. (Nicholas M. Cardascia and Glenn A. Kaminska of counsel), for defendants-respondents.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the defendant Derek A. Koonin appeals from an order of the Supreme Court, Queens County (Robert J. McDonald, J.), entered March 8, 2017. The order, insofar as appealed from, granted that branch of the motion of the defendants Hudson Valley Limousine Service, LLC, and Athanasios K. Roditis, and that branch of the plaintiffs' cross motion, which were pursuant to CPLR 3126 to strike the answer of the defendant Derek A. Koonin.
ORDERED that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, that branch of the motion of the defendants Hudson Valley Limousine Service, LLC, and Athanasios K. Roditis, and that branch of the plaintiffs' cross motion, which were pursuant to CPLR 3126 to strike the answer of the defendant Derek A. Koonin are denied.
The complaint alleges that on April 13, 2015, Ahad Chowdhury (hereinafter the injured plaintiff), while riding his bicycle, was injured in an accident involving a vehicle owned by the defendant Hudson Valley Limousine Service, LLC (hereinafter Hudson Valley Limo), and operated by the defendant Athanasios K. Roditis, and another vehicle, which was owned and operated by the defendant Derek A. Koonin. The injured plaintiff, and his wife suing derivatively, commenced this action against Hudson Valley Limo,...
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...Court's conclusion that the defendants engaged in willful and contumacious conduct (see Chowdhury v. Hudson Val. Limousine Serv., LLC, 162 A.D.3d 845, 846, 81 N.Y.S.3d 63 ; Watson v. 518 Pa. Hous. Dev. Fund Corp., 160 A.D.3d 907, 910, 76 N.Y.S.3d 66 ; Estaba v. Quow, 101 A.D.3d 940, 941, 95......
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U.S. Bank Nat'l Ass'n v. Sirota
...motion (see Pastore v. Utilimaster Corp. , 165 A.D.3d at 687, 84 N.Y.S.3d 547 ; see also Chowdhury v. Hudson Val. Limousine Serv., LLC , 162 A.D.3d 845, 846–847, 81 N.Y.S.3d 63 ). We agree with the Supreme Court's determination that an adjudication of civil contempt was not warranted with r......
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Attorney conduct
...willful and contumacious failure to meet multiple court-ordered discovery deadlines. Chowdhury v. Hudson Valley Limousine Serv., LLC, 162 A.D.3d 845, 81 N.Y.S.3d 63 (2d Dept. 2018). he Appellate Division reversed the Supreme Court’s granting of plaintif ’s motion to strike the defendant’s a......
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Attorney conduct
...willful and contumacious failure to meet multiple court-ordered discovery deadlines. Chowdhury v. Hudson Val. Limousine Serv., LLC, 162 A.D.3d 845, 81 N.Y.S.3d 63 (2d Dept. 2018). The Appellate Division reversed the Supreme Court’s granting of plaintiff ’s motion to strike the defendant’s a......
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Attorney conduct
...willful and contumacious failure to meet multiple court-ordered discovery deadlines. Chowdhury v. Hudson Valley Limousine Serv., LLC, 162 A.D.3d 845, 81 N.Y.S.3d 63 (2d Dept. 2018). he Appellate Division reversed the Supreme Court’s granting of plaintif ’s motion to strike the defendant’s a......
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Attorney conduct
...willful and contumacious failure to meet multiple court-ordered discovery deadlines. Chowdhury v. Hudson Valley Limousine Serv., LLC, 162 A.D.3d 845, 81 N.Y.S.3d 63 (2d Dept. 2018). he Appellate Division reversed the Supreme Court’s granting of plaintif ’s motion to strike the defendant’s a......