Polito v. DeTomaso

Full title: LYDIA POLITO, as Parent and Natural Guardian of JAMES POLITO, an Infant…

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

Date published: Oct 31, 1994

208 A.D.2d 912 (N.Y. App. Div. 1994)

618 N.Y.S.2d 575

Opinion

October 31, 1994

Appeal from the Supreme Court, Kings County (Ramirez, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiff's complaint pursuant to CPLR 3126. The plaintiff exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and depositions (see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Mills v Ducille, 170 A.D.2d 657). Sullivan, J.P., Rosenblatt, Altman, Hart, and Friedmann, JJ., concur.