LIPIN v. BENDER


84 N.Y.2d 562 (1994)

644 N.E.2d 1300

620 N.Y.S.2d 744

Joan C. Lipin, Appellant, v. Robert M. Bender, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 1, 1994.


Attorney(s) appearing for the Case

Wisehart & Koch, New York City (Arthur M. Wisehart of counsel), for appellant.

Weil, Gotshal & Manges, New York City (Mark A. Jacoby, Kevin P. Hughes and Lawrence J. Baer of counsel), and Morgan, Lewis & Bockius for respondents.

Jay Carlisle, White Plains, amicus curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur; Judge CIPARICK taking no part.


Chief Judge KAYE.

At issue on this appeal is the propriety of dismissing plaintiff's complaint as a remedy for misconduct that involved taking and use of the adversary's privileged documents. In the circumstances presented, we affirm the Appellate Division order upholding dismissal as a proper exercise of the trial court's discretion under CPLR 3103 (c).

The underlying facts, as found by the Supreme Court...

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