Legal Opinion

Royal Caterers, LLC v. Marine Midland

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 2004PublishedCited by 9 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme *550Court, Dutchess County (Pagones, J.), dated July 29, 2002, which granted the motion of the defendant Leonard Weiner, in effect, pursuant to CPLR 3126 to dismiss the complaint for failing to comply with court-ordered discovery.

Ordered that the order is affirmed, with costs.

The plaintiffs’ repeated failure to comply with court-ordered discovery and their failure to timely pay monetary sanctions imposed was clearly willful, deliberate, and contumacious conduct. Thus, the…

2Cases cited3 opinions

  1. Kihl v. PfefferNew York Court of Appeals · 1999
  2. Russell v. B&B Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Vanalst v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by9 opinions

  1. Prappas v. PapadatosAppellate Division of the Supreme Court of the State of New York · 2007
  2. Russo v. TolchinAppellate Division of the Supreme Court of the State of New York · 2006
  3. Ziskin Law Firm, LLP v. Bi-County Electric Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Batshever v. JafarAppellate Division of the Supreme Court of the State of New York · 2010
  5. Kesar v. Green Ridge Enterprises Corp.Appellate Division of the Supreme Court of the State of New York · 2006

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API