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DeCRESCENZO v. MAERSK CONTAINER SERVICE CO., INC.

No. 1216, Docket 84-7010.

741 F.2d 17 (1984)

Carmelo DeCRESCENZO and Virginia DeCrescenzo, Appellants, v. MAERSK CONTAINER SERVICE COMPANY, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Richard J. Cardali, New York City (Robert J. Smith, New York City, of counsel), for appellants.

Marshall M. Kolba, New York City (Alexander, Ash, Schwartz & Cohen, P.C., New York City, of counsel), for appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and BONSAL, District Judge.

OAKES, Circuit Judge:

This appeal is from the grant of a dismissal of a personal injury case as a sanction under Fed.R.Civ.P. 37(b) for a supposed failure to comply with an order requiring the plaintiff to submit to a physical examination under Fed.R.Civ.P. 35. While the United States District Court for the Southern District of New York, Robert L. Carter, Judge, is clearly authorized by law to dismiss a case for failure to comply with discovery orders, see...

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