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SOSA v. TUDOR PLACE ASSOCIATES, LTD. PARTNERSHIP

55 A.D.3d 311 (2008)

865 N.Y.S.2d 57

MARQUETIS CASTILLO SOSA, Appellant, v. TUDOR PLACE ASSOCIATES, LIMITED PARTNERSHIP, et al., Respondents.

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

October 2, 2008.

Dismissal of the complaint is appropriate where a plaintiff repeatedly and willfully disobeys court orders for discovery (see Jones v Green, 34 A.D.3d 260 [2006]). Since plaintiff herein repeatedly failed to schedule or appear for a medical examination, it was not an improvident exercise of discretion for the court to preclude medical testimony and dismiss the complaint. Without...

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