Representative Matters

Yemini v. Sharpe

128 A.D.3d 687, 8 N.Y.S.2d 397 (2d Dep’t 2015) – Defendant’s answer was reinstated.  Appellate Division agreed that it was an improvident exercise of the Supreme Court’s discretion to impose the extreme sanction of striking the answer. This case does not reflect the sort of “fraud on the court” which would warrant such a sanction.

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