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VEGA v. BEACON 109 207-209 LLC

10835, 156296/13.

179 A.D.3d 549 (2020)

114 N.Y.S.3d 638

2020 NY Slip Op 00484

Michael Vega, Appellant, v. Beacon 109 207-209 LLC, Respondent/Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided January 23, 2020.

The court providently exercised its discretion in granting the motion to dismiss the complaint based on a clear showing that plaintiff had repeatedly failed to comply with multiple discovery orders, which was "dilatory, evasive, obstructive and ultimately contumacious" (CDR Créances S.A.S. v Cohen, 23 N.Y.3d 307, 318 [2014] [internal quotation marks omitted]). Willfulness may be inferred when a party repeatedly fails to respond...

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