Opinion
2002-00716
Submitted January 22, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated November 19, 2001, which granted that branch of the motion of the defendant Brooklyn Union Gas Company which was to dismiss the complaint for the plaintiff's failure to comply with court-ordered discovery.
Keith DeVries, LLP, New York, N.Y., for appellant.
Cullen and Dykman, LLP, Brooklyn, N.Y. (Joseph Miller of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
When a party's failure to comply with disclosure orders is willful, deliberate, and contumacious, it is within the trial court's discretion to dismiss that party's pleading (see Kihl v. Pfeffer, 94 N.Y.2d 118, 122; Abouzeid v. Cadogan, 291 A.D.2d 423; Lones v. Lampeas, 270 A.D.2d 317). Here, the plaintiff's flagrant failure to comply with discovery orders of this court (see Vanalst v. City of New York, 276 A.D.2d 789) and the Supreme Court over an extended period of time, without sufficient excuse, was willful and contumacious (see Castrignano v. Flynn, 255 A.D.2d 352; Kubacka v. Town of N. Hempstead, 240 A.D.2d 374; Frias v. Fortini, 240 A.D.2d 467). Accordingly, the Supreme Court providently exercised its discretion in dismissing the complaint.
FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.