WYATT v. SUTTON

11748N. 103804/12.

185 A.D.3d 422 (2020)

125 N.Y.S.3d 686

2020 NY Slip Op 03734

Hugh Wyatt, Appellant, v. Pierre Sutton, Respondent.

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

Decided July 2, 2020.


The IAS court did not improvidently exercise—let alone clearly abuse—its discretion by dismissing this action after plaintiff failed to comply with two so-ordered stipulations and an October 2018 conditional order that gave him a final chance to comply. Plaintiff was warned that, if he did not comply strictly and completely, defendant could move to dismiss (see e.g. Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219

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