Arcuri & Sons, Inc. v. Alfonsi

In an action, inter alia, to foreclose a mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Nassau County (Alpert, J.), entered June 12, 1996, which denied its motion to extend the mechanic’s lien and granted the defendants’ cross motion to dismiss the action pursuant to CPLR 3126.

Ordered that the order is affirmed, with costs.

While the dismissal of an action for failure to obey a disclosure order is a drastic penalty, a court may impose such a penalty in the exercise of its sound discretion where the conduct of the recalcitrant party is willful and contumacious (see,…