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VANALST v. CITY OF NEW YORK

302 A.D.2d 515 (2003)

755 N.Y.S.2d 260

JULIUS VANALST, Appellant, v. CITY OF NEW YORK, Defendant, and BROOKLYN UNION GAS COMPANY, Respondent. (And a Third-Party Action.)

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

Decided February 18, 2003.

Ordered that the order is affirmed, with costs.

When a party's failure to comply with disclosure orders is willful, deliberate, and contumacious, it is within the trial court's discretion to dismiss that party's pleading (see Kihl v Pfeffer, 94 N.Y.2d 118, 122 [1999]; Abouzeid v Cadogan, 291 A.D.2d 423 [2002]; Lones v Lampeas, 270 A.D.2d 317

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