Legal Opinion

Amato v. County of Westchester

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

Decided October 20, 1997PublishedCited by 3 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered November 14, 1996, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the complaint insofar as it is asserted against the County defendants pursuant to CPLR 3126. The plaintiffs exhibited willful and contumacious conduct in failing *594to comply with repeated demands for disclosure and…

2Cases cited3 opinions

  1. Zletz v. WetansonNew York Court of Appeals · 1986
  2. Wolfson v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
  3. Polito v. DeTomasoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Blake v. ChawlaAppellate Division of the Supreme Court of the State of New York · 2002
  2. Waterman v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2000
  3. Poteat v. 443 Clinton Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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