Opinion
2002-07937.
Decided June 21, 2004.
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 29, 2002, which granted the motion of the defendant Leonard Weiner, in effect, pursuant to CPLR 3126 to dismiss the complaint for failing to comply with court-ordered discovery.
Charles E. Holster III, Mineola, N.Y., for appellants.
Phillips Lytle, LLP, New York, N.Y. (Anthony DiPaolo of counsel), Paul K. Holbrook, and Scott D. Miller, for respondent Marine Midland (one brief filed).
Polatsek Sclafani, New York, N.Y. (Leonard A. Sclafani of counsel), for respondent Leonard Weiner.
Before: ANITA R. FLORIO, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs' repeated failure to comply with court-ordered discovery and their failure to timely pay monetary sanctions imposed was clearly willful, deliberate, and contumacious conduct. Thus, the Supreme Court, providently exercised its discretion in dismissing their complaint ( see Kihl v. Pfeffer, 94 N.Y.2d 118, 120-123; Russell v. BB Indus., 309 A.D.2d 914; Vanalst v. City of New York, 302 A.D.2d 515).
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.