Pontas Renovation, Inc. v. Kitano Arms Corp.

Full title: PONTAS RENOVATION, INC., Appellant, v. KITANO ARMS CORPORATION…

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

Date published: Feb 27, 1996

224 A.D.2d 349 (N.Y. App. Div. 1996)

638 N.Y.S.2d 64

Opinion

February 27, 1996

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

Plaintiff's corporate general ledger is relevant, and the order that plaintiff disclose it was a proper exercise of discretion. Plaintiff's counsel candidly stated that plaintiff was refusing to produce the ledger because it had unilaterally determined that it was immaterial. There was, therefore, willful non-compliance with a prior court order directing disclosure, justifying the sanction of dismissal ( see, Zletz v. Wetanson, 67 N.Y.2d 711). Given this background, there was no "good cause shown" (CPLR 6513) to warrant extending plaintiff's notice of pendency.

Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.