Opinion
570235/11
06-26-2012
Clara A. Steene Sharma and Charles W. Steene, Jr., Plaintiffs-Appellants, v. Robert A. Cohen, R.A. Cohen & Assocs., Orsid Realty and Broadway-111 Street433 Associates, LLC, Defendants-Respondents, Robert A. Cohen, R.A. Cohen & Assocs. and Broadway-111 Street Associates, LLC, Third-Party Plaintiffs-Respondents, Broadway 111 Owners Corp., Third-Party Defendant-Respondent.
PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ
Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Kathryn E. Freed, J.), entered February 16, 2010, which granted defendants' respective motions to dismiss the complaint pursuant to CPLR 3126, and an order (same court and Judge), entered July 2, 2010, which denied plaintiffs' motion to renew and reargue the aforesaid order.
Per Curiam.
Order (Kathryn E. Freed, J.), entered February 16, 2010, affirmed, with $10 costs. Appeal from order (Kathryn E. Freed, J.), entered July 2, 2010, dismissed, without costs, as taken from a nonappealable order.
Plaintiffs' persistent pattern of deliberate noncompliance with discovery obligations, including their longstanding failure to appear for or cooperate in the scheduling of depositions in violation of a court order and defendants' repeated demands, gave rise to an inference of wilful and deliberate behavior (see Jones v Green, 34 AD3d 260 [2006]). In the absence of a reasonable excuse for plaintiffs' prolonged disobedience, dismissal of the action was a proper exercise of discretion (see Milton v 305/72 Owners Corp., 19 AD3d 133, 134 [2005], lv denied 7 NY3d 778 [2006]). Plaintiffs' motion to renew and reargue raised no new facts and is therefore properly viewed as one solely for reargument, the denial of which is not appealable (see Belok v New York City Dept. of Hous. Preserv. & Dev., 89 AD3d 579 [2011]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.