Maywood Builders Supply Co. v. Kaplan

As in Greenleaf v. Massachusetts Bay Transp. Authy., ante 426 (1986), a judge of the Superior Court made an order dispositive of the case based on a pattern of persistent failure to comply with discovery orders. In this case the dispositive order ran against the plaintiffs and took the form of a dismissal of the action under Mass.R.Civ.P. 37(b)(2)(C), as amended effective January 1, 1984, 390 Mass. 1208. Applying the principles in the Greenleaf case, we affirm.

The complaint was for amounts due under a cost-plus construction contract. On November 9, 1984, the defendants filed their first…