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ROLLIESON v. HOLLYWOOD ENTERTAINMENT CORPORATION

38 A.D.3d 238 (2007)

830 N.Y.S.2d 512

LINDA ROLLIESON et al., Plaintiffs, and I.T., Appellant, v. HOLLYWOOD ENTERTAINMENT CORPORATION, Doing Business as HOLLYWOOD VIDEO SUPERSTORES, et al., Respondents.

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

Decided March 6, 2007.

I.T.'s willful and contumacious conduct in obstructing and delaying the progress of disclosure may be inferred from her failure to appear for court-ordered depositions on four separate occasions (see Kihl v Pfeffer, 94 N.Y.2d 118 [1999]). Under the circumstances, the court did not improvidently exercise its discretion after I.T. failed to appear for a deposition on the agreed-upon date...

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