Legal Opinion
Cutolo v. Khalife
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1997PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered August 22, 1996, which granted the defendants’ separate motions to dismiss the complaint pursuant to CPLR 3126 for failure to comply with prior orders of the court.
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiffs’ complaint pursuant to CPLR 3126. The plaintiffs exhibited willful and contumacious conduct in failing to comply with repeated…
2Cases cited5 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Henderson v. StilwellAppellate Division of the Supreme Court of the State of New York · 1986
- Anteri v. NRS Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Brandi v. ChanAppellate Division of the Supreme Court of the State of New York · 1989
- Lobo Equities, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Northfield Insurance v. Model Towing & RecoveryAppellate Division of the Supreme Court of the State of New York · 2009
- Ordonez v. GuerraAppellate Division of the Supreme Court of the State of New York · 2002
- Pickens v. St. John's HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- D'Ecclesiis v. MannaAppellate Division of the Supreme Court of the State of New York · 2001
- Castelle v. EvangelistaAppellate Division of the Supreme Court of the State of New York · 2002
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