ROBERTUCCI v. HEIER


299 A.D.2d 404 (2002)

749 N.Y.S.2d 430

HARRIET ROBERTUCCI, Appellant, v. STEPHEN K. HEIER, Respondent.

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

Decided November 12, 2002.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 3126 to dismiss the complaint. The plaintiff failed to comply with court-ordered discovery demands, and the plaintiff's counsel failed to appear for a court-ordered conference (see Montgomery v City of New York, 296 A.D.2d 386; Dacey v Horror Cafe,

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