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DeMasi v. Dine

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1989
155 A.D.2d 583 (N.Y. App. Div. 1989)

Opinion

November 20, 1989

Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).


Ordered that the order is affirmed, with costs.

The plaintiff disregarded the defendants' demand for disclosure and an order of the court directing that disclosure. While there is no requirement that an affidavit of merit be provided by the plaintiff, the failure of the plaintiff to have done so together with his actions herein were properly considered by Justice O'Shaughnessy (see, Wolfson v Nassau County Med. Center, 141 A.D.2d 815). It appears that the plaintiff has acted in a deliberate and contumacious manner justifying dismissal of the complaint pursuant to CPLR 3126. Mangano, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.


Summaries of

DeMasi v. Dine

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1989
155 A.D.2d 583 (N.Y. App. Div. 1989)
Case details for

DeMasi v. Dine

Case Details

Full title:FRANCIS DeMASI, Appellant, v. JAMES B. DINE et al., Respondents. (And a…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 20, 1989

Citations

155 A.D.2d 583 (N.Y. App. Div. 1989)
548 N.Y.S.2d 32

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