Legal Opinion

Marshall Art Consultants, Inc. v. Enlil Properties, N.V. Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1994Published

1Opinion of the Court

—Order, Supreme Court, New York County (William Davis, J.), entered on or about January 15, 1993, which granted defendants’ motion to dismiss the complaint with prejudice, unanimously affirmed, without costs.

"Dismissal of the complaint is appropriate when a plaintiff repeatedly and willfully disobeys the court’s successive discovery orders.” (Meyer v Southampton Art Partners, 199 AD2d 222.) Here, when the court properly requested that the plaintiff document its belated allegations that its principal suffered a series of personal tragedies, it failed to do so. Contrary to plaintiff’s…

2Cases cited2 opinions

  1. Town of East Greenbush v. Ashland Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Meyer v. Southampton Art Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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