¶ Order reversed, on the law, with costs, motion granted and complaint dismissed.
¶ While the dismissal of a complaint under CPLR 3126 is a harsh remedy for failure to comply with a court order for discovery, it is nonetheless called for under the circumstances of this case. Plaintiff's failure to comply with the original order to disclose and the two subsequent conditional orders must be characterized as willful or contumacious (cf. Citizens Sav. &...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.