Legal Opinion
Watson v. Hall
Appellate Division of the Supreme Court of the State of New York
Decided August 14, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered July 27, 2006, which granted the defendant’s motion pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in dismissing the complaint. Although dismissal of a complaint for failure to comply with a disclosure order pursuant to CPLR 3126 is a drastic remedy, it is warranted where a party’s conduct is shown to be willful and contumacious (see Devito v J & J…
2Cases cited5 opinions
- Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004
- Prappas v. PapadatosAppellate Division of the Supreme Court of the State of New York · 2007
- Russo v. TolchinAppellate Division of the Supreme Court of the State of New York · 2006
- Devito v. J & J Towing, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Schwartz v. SuebsanguanAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by3 opinions
- Corex-SPA v. Janel Group of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Caprio v. 1025 Manhattan Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Velazquez v. Jamaica Hospital Nursing Home Co.Appellate Division of the Supreme Court of the State of New York · 2011