Legal Opinion
Rivers v. Embassy Club
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1994PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Gurahian, J.), entered November 6, 1992, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3126 for failure to comply with discovery.
Ordered that the order is affirmed, without costs or disbursements.
We find that the Supreme Court did not improvidently exercise its discretion in dismissing the plaintiff’s complaint pursuant to CPLR 3126. The plaintiff 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 by4 opinions
- Brady v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1996
- Nowak v. VeiraAppellate Division of the Supreme Court of the State of New York · 2001
- A & S Trucking Service, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Re v. Ernst & WhinneyAppellate Division of the Supreme Court of the State of New York · 1997