From Casetext: Smarter Legal Research

TANG v. HONG KONG CHINESE HERBAL CO

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 282 (N.Y. App. Div. 1997)

Opinion

January 16, 1997.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about November 6, 1995, which, insofar as appealed from, denied defendant-appellant's motion to vacate a prior order, same court and Justice, striking its answer upon its failure to appear at a disclosure compliance conference, and order, same court and Justice, entered on or about January 18, 1996, which, insofar as appealed from, denied defendant-appellant's cross motion to vacate plaintiffs note of issue and certificate of readiness, unanimously affirmed, without costs.

Before: Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.


Appellant's answer was properly struck when it failed to appear at the compliance conference, where the conference had been scheduled in a previous written order rendered in open court in counsel's presence three months earlier, and its excuse of law office failure in the form of a computer crash the day before the conference not yet repaired the day of the conference did not explain or justify its noncompliance with prior court-ordered discovery. Such failure indicates willful and contumacious conduct justifying striking the answer. Appellant's subsequent motion to vacate plaintiffs note of issue and certificate of readiness was also properly denied, since any discovery that has not yet been completed is primarily because of its own inaction.


Summaries of

TANG v. HONG KONG CHINESE HERBAL CO

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 282 (N.Y. App. Div. 1997)
Case details for

TANG v. HONG KONG CHINESE HERBAL CO

Case Details

Full title:YIN KUEN CHAN TANG et al., Respondents, v. HONG KONG CHINESE HERBAL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 16, 1997

Citations

235 A.D.2d 282 (N.Y. App. Div. 1997)
652 N.Y.S.2d 37

Citing Cases

Ranfort v. Peak Tours, Inc.

Moreover, the plaintiffs' counsel failed to appear at three court conferences; despite being informed in…

Murray v. Sehgal

h the court orders to be disclosed. A court may appropriately dismiss the complaint "where a plaintiff…