Opinion
2003-04466.
Decided June 1, 2004.
In an action, inter alia, to recover damages for loss of property, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated March 28, 2003, which granted the defendant's motion to strike the complaint pursuant to CPLR 3126(3).
Dominick W. Lavelle, Mineola, N.Y. (Susan R. Nudelman of counsel), for appellant.
Ohrenstein Brown, LLP, New York, N.Y. (Jonathan A. Judd of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff's continued failure to comply with discovery requests, and a so-ordered stipulation to satisfy those requests, was willful, contumacious, and in bad faith ( see Beneficial Mtge. Corp. v. Lawrence, 5 A.D.3d 339). Therefore, the Supreme Court providently exercised its discretion in striking the plaintiff's complaint as a sanction pursuant to CPLR 3126(3) ( see Yona v. Beth Israel Med. Ctr., 285 A.D.2d 460, 461).
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.