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LAVERNE v. INC. VILL. OF LAUREL HOLLOW

18 N.Y.2d 635 (1966)

Erwine Laverne et al., Appellants, v. Incorporated Village of Laurel Hollow et al., Respondents. Erwine Laverne et al., Appellants, v. Edward J. Meehan, Individually and as Police Sergeant of the Incorporated Village of Laurel Hollow, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Henry Mark Holzer and Phyllis Tate Holzer for appellants.

Stephen Van R. Ulman and Thomas C. Platt, Jr., for respondents.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

Notwithstanding the lower court's error in determining that plaintiff's motion for a protective order pursuant to CPLR 3103 should have been addressed to the Appellate Division, rather than to the trial court, the court properly dismissed the complaint — in the sound exercise of its judicial discretion — because of plaintiff's willful failure to purge himself of his disobedience of prior court orders...

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