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JOHN R. SOUTO, CO., INC. v. CORATOLO

293 A.D.2d 288 (2002)

739 N.Y.S.2d 708

JOHN R. SOUTO, CO., INC., Appellant, v. MICHAEL V. CORATOLO et al., Respondents.

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

Decided April 4, 2002.

The action, which was commenced in 1989, was properly dismissed upon a finding that plaintiff willfully failed to comply with the disclosure deadlines in the preliminary conference order of April 7, 2000 (CPLR 3126). Such willfulness can be inferred from a record showing that the preliminary conference order had extended a deadline for the filing of a note of issue that was set in a 90-day notice given by the court itself, that plaintiffs did not promptly object to the disclosure...

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