Laverne v. Incorporated Village of Laurel Hollow

Memorandum. Notwithstanding the lower court’s error in determining that plaintiff’s motion for a protective order pursuant to CPLE 3103 should have been addressed to the Appellate Division, rather than to the trial court, the court properly dismissed the complaint — in the sound exercise of its judicial discretion— because of plaintiff’s willful failure to purge himself of his disobedience of prior court orders compelling disclosure on matters relevant to his causes of action and defenses thereto (CPLE 3126). And while it is true that plaintiff’s 3103 motion automatically suspended all…