Ordered that the order is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs.
The Supreme Court providently exercised its discretion in dismissing the complaint. Although dismissal of a complaint pursuant to CPLR 3126 is a drastic remedy, it is warranted where a party's conduct is shown to be willful and contumacious (see Rowell v Joyce,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.