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ARCURI & SONS, INC. v. ALFONSI

242 A.D.2d 313 (1997)

661 N.Y.S.2d 252

Arcuri & Sons, Inc., Appellant, v. Marco Alfonsi et al., Respondents

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

August 18, 1997

Ordered that the order is affirmed, with costs.

While the dismissal of an action for failure to obey a disclosure order is a drastic penalty, a court may impose such a penalty in the exercise of its sound discretion where the conduct of the recalcitrant party is willful and contumacious (see, e.g., Zletz v Wetanson, 67 N.Y.2d 711; Ritter Found. v Tebele, 222 A.D.2d 355;

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