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CDR CRÉANCES S.A.S. v. COHEN

62 A.D.3d 576 (2009)

CDR CRÉANCES S.A.S., as Successor to SOCIETE DE BANQUE OCCIDENTALE, Respondent, v. MAURICE COHEN et al., Appellants, et al., Defendants. CDR CRÉANCES S.A.S., as Successor to SOCIETE DE BANQUE OCCIDENTALE, Respondent-Appellant, v. LEON COHEN et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 21, 2009.

While a court is vested with broad discretion to control its calendar and supervise disclosure in order to facilitate the resolution of cases, and the imposition of sanctions for discovery misfeasance is generally a matter best left to the trial court's discretion, the IAS court nonetheless improvidently exercised its discretion in granting default judgments against defendants-appellants. In view of the brief period between the...

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