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Cutolo v. Khalife

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 661 (N.Y. App. Div. 1997)

Opinion

September 29, 1997

Appeal from the Supreme Court, Nassau County (Lally, J.).


Ordered that the order is affirmed, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiffs' complaint pursuant to CPLR 3126. The plaintiffs exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and service of proper bills of particulars, in failing to comply with several court orders compelling full disclosure, and in failing to provide a reasonable excuse for their noncompliance ( see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Lobo Equities v. North Riv. Ins. Co., 124 A.D.2d 647; Anteri v. NRS Constr. Corp., 117 A.D.2d 696, 697-698; Brandi v. Chan, 151 A.D.2d 853, 854; Henderson v. Stilwell, 116 A.D.2d 861, 862-863).

Mangano, P.J., Copertino, Altman and Goldstein, JJ., concur.


Summaries of

Cutolo v. Khalife

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 661 (N.Y. App. Div. 1997)
Case details for

Cutolo v. Khalife

Case Details

Full title:DOMINIC S. CUTOLO et al., Appellants, v. MICHAEL KHALIFE et al.…

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

Date published: Sep 29, 1997

Citations

242 A.D.2d 661 (N.Y. App. Div. 1997)
664 N.Y.S.2d 939

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