Opinion
2012-12-13
Henry COAXUM, Plaintiff–Appellant, v. NOR–TOPIA SERVICE STATION, INC., et al., Defendants–Respondents.
Burns & Harris, New York (Christopher J. Donadio of counsel), for appellant. Law Office of James J. Toomey, New York (Evy Kazansky of counsel), for Nor–Topia Service Station, Inc. and Michael Vasquez, respondents.
Burns & Harris, New York (Christopher J. Donadio of counsel), for appellant. Law Office of James J. Toomey, New York (Evy Kazansky of counsel), for Nor–Topia Service Station, Inc. and Michael Vasquez, respondents.
O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains (Montgomery L. Effinger of counsel), for Darryl A. Robinson, respondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 12, 2011, which, upon reargument, inter alia, granted defendants' motions to dismiss the complaint as barred by CPLR § 205(a), unanimously affirmed, without costs.
The motion court correctly determined that the order dismissing plaintiff's complaint under Bronx County Index No., 28626/2001 was for failure to prosecute, as evidenced by plaintiff's willful and contumacious disregard for the court's discovery orders ( Perez v. New York City Hous. Auth., 302 A.D.2d 210, 753 N.Y.S.2d 375 [1st Dept. 2003] ). Accordingly, plaintiff's second complaint, filed under Bronx County Index No. 309385/09, was barred by CPLR § 205(a) and properly dismissed by the motion court.
We have considered plaintiff's remaining arguments and find them unavailing.