![]() Despite the fact that the plaintiff’s failure to respond did not violate any prior court order, the Second Department affirmed the CPLR 3126 dismissal and denied a subsequent motion by Plaintiff to reargue and vacate:Ī court may dismiss an action if the plaintiff “willfully fails to disclose information which the court finds ought to have been disclosed” ( CPLR 3126). Nassau County Medical Center, (( 141 A.D.2d 815, 530 N.Y.S.2d 27 (2 nd Dep’t 1988).)) after an extensive failure to respond to defendant’s first set of interrogatories, defendant moved pursuant to CPLR 3126. Opposition to a CPLR 3126 motion is often premised upon a misunderstanding regarding disclosure obligations, arguing that violation of an order to disclose, or violation of a conditional order of preclusion, must serve as a predicate for a 3126 motion. To the contrary, the relevant and controlling authority explicitly confirms that striking a pleading is permissible even when no prior court order is violated. The CPLR 3126(3) motion to strike a pleading is premised upon establishing a willful failure to disclose obviously, a movant’s regular and documented efforts to coax compliance must found the motion. Committee Sports for Israel where he was particularly involved with the Masters’ Golf Team and also with sponsorship of young athletes to the World Maccabiah Games in Israel.In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts are universally refusing to perpetually provide “one more chance” to comply with unqualified obligations to disclose. He also was the Captain of the City College golf team earning a Varsity Letter for Golf. He was among the group of pro bono legal advisors to the New York Museum of Jewish Heritage: A Living Memorial to the Holocaust.Īs an undergraduate student at the College of the City of New York, he was President of the Government and Law Society. He served on the Board of Directors of the Bronx County Bar Association and chaired its Legislation Committee for ten years. ![]() As a member of the Bar Association of the State of New York, Landlord Tenant Section of the Real Property Committee, he wrote several articles. He has served as a volunteer Arbitrator for the American Arbitration Association and the Arbitration Council of the Textile Apparel Industry. He served as a part time instructor in the Paralegal program at Baruch College, City of New York teaching general litigation and procedure. He is listed in Who’s Who in American Law 2nd edition. Although he is a graduate of New York University School of Law, he has on multiple occasions served as a Moot Court Judge at Columbia University School of Law, his wife, Claire’s alma mater. He handled civil and commercial litigation as well as appellate practice. Meadow spent the major portion of his legal career as a Senior Litigator for the Law firm of Weil, Gotshal & Manges in New York City. Even Denial of the Motion may have some strategic use as plaintiff may have to disclose elements of its claim not appearing in the Complaint. If the Motion is denied, defendant can then serve an Answer to the Complaint. The Defendant’s detailed affidavit is based on personal knowledge. ![]() A copy of the Complaint must be annexed.Īttorney’s affidavit is essentially a summary of the dismissal grounds since the attorney does not usually have personal knowledge of the events or transactions between the parties giving rise to the dispute. The Motion papers consist of Notice of Motion and supporting papers including Affidavits with exhibits, if any. Documentary evidence can be used in support of such a Motion as, for example, a Release signed by the plaintiff in the past releasing defendant from the claims now asserted in the Complaint. Affidavits can be annexed as Exhibits in support of the grounds set forth. ![]() The grounds for such Motion can be asserted to dismiss the Complaint are set forth in the Statute and often involve jurisdictional issues, service of process issues or legal insufficiency of the Complaint. A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec.
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