WILSON v. WEST HEMPSTEAD GENERALS FOOTBALL CLUB, INC.


286 A.D.2d 438 (2001)

729 N.Y.S.2d 509

JOYCE WILSON et al., Appellants, v. WEST HEMPSTEAD GENERALS FOOTBALL CLUB, INC., et al., Respondents.

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

Decided August 20, 2001.


Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The drastic remedy of dismissing a complaint pursuant to CPLR 3126 (3) for a plaintiff's failure to comply with court-ordered discovery should be granted only where the conduct is shown to be willful, contumacious, or in bad faith. Where a plaintiff disobeys a court order and by his or her conduct frustrates the disclosure scheme provided...

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