Practice point: The Appellate Division found that the Supreme Court providently exercised its discretion in striking plaintiff's
pleadings, given plaintiff's intentional and unexcused failure to comply
with more than three orders, some of them stipulated to by plaintiff,
to produce documents relevant to the case, pursuant to CPLR 3126.
Student note: However, as an appearing party whose pleadings were
stricken, plaintiff was entitled to five days notice of the inquest, pursuant to CPLR 3215[g]. The failure to give such notice requires a new inquest, on proper notice.
Case: Walker v. Foreman, NY Slip Op 01494 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Summary judgment in a medical malpractice action, and a hospital's vicarious liability.
