Legal Opinion
Polito v. DeTomaso
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1994PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Ramirez, J.), dated February 26, 1993, as dismissed the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
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 demands for disclosure and depositions (see, Zletz v Wetanson, 67 NY2d 711, 713; Mills v Ducille,…
2Cases cited2 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- DeGennaro v. Robbie Robinson Textiles, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Amato v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1997
- Williams v. New Style Limousine, Inc.New York Supreme Court · 2003
- Abruzzo v. MalerbaAppellate Division of the Supreme Court of the State of New York · 1994