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MEHLER v. JONES

805469/13, 11299A, 11299.

181 A.D.3d 535 (2020)

121 N.Y.S.3d 39

2020 NY Slip Op 02103

Harriet Mehler, Appellant, v. Cheryl D. Jones, Also Known as Cannon J. Tanner, Defendant, and Nader Paksima, D.O., Respondent.

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

Decided March 26, 2020.

The motion court providently exercised its discretion in issuing a conditional order of dismissal, in light of plaintiff's history of noncompliance with court orders requiring her to appear for a further deposition (see CPLR 3126[3]; Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219, 220 [1st Dept 2010]).

Plaintiff contends that her behavior was neither willful nor contumacious. However, by issuing a conditional...

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