Vanalst v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated November 19, 2001, which granted that branch of the motion of the defendant Brooklyn Union Gas Company which was to dismiss the complaint for the plaintiffs failure to comply with court-ordered discovery.
Ordered that the order is affirmed, with costs.
When a party’s failure to comply with disclosure orders is willful, deliberate, and contumacious, it is within the trial court’s discretion to dismiss that party’s pleading (see Kihl v Pfeffer, 94 NY2d…
2Cases cited7 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
- Kubacka v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
- Vanalst v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Castrignano v. FlynnAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by10 opinions
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- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Royal Caterers, LLC v. Marine MidlandAppellate Division of the Supreme Court of the State of New York · 2004
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