R W Wine Bar Ltd. v. Abrams

Full title: R W WINE BAR LTD. et al., Appellants, v. MICHAEL ABRAMS, Respondent

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

Date published: Dec 13, 1990

168 A.D.2d 321 (N.Y. App. Div. 1990)

562 N.Y.S.2d 655

Opinion

December 13, 1990

Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).

Claimants contend that the court improperly stayed the arbitration and failed to grant the extension. However, the actions of claimant demonstrate a willful failure to disclose after two court orders to do so, warranting the sanctions imposed (see, Battaglia v. Hofmeister, 100 A.D.2d 833). Further, the delay attributed to law office failure was not sufficient to excuse compliance (see, e.g., Knapek v. MV Southwest Cape, 110 A.D.2d 928).

Concur — Carro, J.P., Asch, Kassal and Smith, JJ.