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COAXUM v. NOR-TOPIA SERV. STATION, INC.

8834, 309385/09.

101 A.D.3d 485 (2012)

954 N.Y.S.2d 870

2012 NY Slip Op 8637

HENRY COAXUM, Appellant, v. NOR-TOPIA SERVICE STATION, INC., et al., Respondents.

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

December 13, 2012.

The motion court correctly determined that the order dismissing plaintiff's complaint under Bronx County index No. 28626/ 2001 was for failure to prosecute, as evidenced by plaintiff's willful and contumacious disregard for the court's discovery orders (Perez v New York City Hous. Auth., 302 A.D.2d 210 [1st Dept 2003]). Accordingly, plaintiff's second complaint, filed under Bronx County index No. 309385/09, was barred by CPLR 205...

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