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SOMERSAULT, INC. v. HOLMES PROT., INC.

211 A.D.2d 554 (1995)

621 N.Y.S.2d 573

Somersault, Inc., Appellant, v. Holmes Protection, Inc., et al., Respondents

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

January 24, 1995

Dismissal of the complaint is appropriate where a plaintiff repeatedly and willfully disobeys the court's successive discovery orders (Meyer v Southampton Art Partners, 199 A.D.2d 222). Plaintiff's conduct in not providing the tax documents for fiscal 1990, the year of the loss at issue, could be properly characterized as willful and contumacious, warranting the court's exercise of discretion in imposing the sanction of dismissal...

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