Caroline Hock Prevails Before Second Department with Two Related Appellate Wins
Caroline Hock prevailed before the Appellate Division, Second Department, affirming the Nassau County trial court’s orders in two related appeals stemming from a motor vehicle collision where the plaintiff alleged serious personal injuries. Caroline argued that the trial court properly granted the defendant’s motion to dismiss the case based upon plaintiff’s repeated failures to provide discovery responses, including plaintiff’s failure to appear at appropriately designated independent medical examinations. Caroline argued that the lower court correctly exercised its discretion to impose discovery sanctions on plaintiff and to strike the complaint, as plaintiff failed to provide prima facie evidence that she sustained a serious injury pursuant to New York Insurance Law Section 5102(d).
The Appellate Division agreed, holding that the lower court properly granted defendant’s motion to dismiss and properly directed plaintiff to pay cancellation fees incurred for failing to appear at the medical examinations. The Appellate Division affirmed the decision of the Supreme Court, Nassau County, and dismissed the case against our client.
In the related appeal arising from the same action, the Appellate Division agreed with Caroline’s arguments and held that the lower court properly denied the third-party defendant’s motion seeking to impose sanctions on our client and her defense counsel.
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