REILLY v. OAKWOOD HEIGHTS COMMUNITY CHURCH


269 A.D.2d 583 (2000)

704 N.Y.S.2d 833

LEO REILLY et al., Appellants, v. OAKWOOD HEIGHTS COMMUNITY CHURCH, Respondent.

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

Decided February 28, 2000.


Ordered that on the Court's own motion, the plaintiffs' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in directing the clerk to enter judgment dismissing the complaint, as the plaintiffs' failure to comply with a prior order was willful, deliberate, and contumacious...

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