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DeCicco v. Nassau Radiological Group

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 582 (N.Y. App. Div. 2000)

Opinion

Submitted September 6, 2000.

October 16, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated October 12, 1999, which granted the defendants' motion pursuant to CPLR 3126 to dismiss the complaint.

Christopher S. Olson, Huntington, N.Y., for appellant.

Fager Amsler, East Meadow, N.Y. (Alphonso A. Mercado of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff disregarded the defendants' demands for disclosure and an order of the Supreme Court directing disclosure. The belated disclosure she provided in response to the defendants' instant motion to dismiss was inadequate. Furthermore, she failed to proffer a reasonable excuse for the inordinate delay. The plaintiff's conduct in this case supports an inference that her noncompliance was willful and contumacious. Consequently, the Supreme Court providently exercised its discretion in dismissing the complaint (see, Ranfort v. Peak Tours, 250 A.D.2d 747; Geltman v. St. Agnes Hosp., 186 A.D.2d 534; DeMasi v. Dine, 155 A.D.2d 583).


Summaries of

DeCicco v. Nassau Radiological Group

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 582 (N.Y. App. Div. 2000)
Case details for

DeCicco v. Nassau Radiological Group

Case Details

Full title:BARBARA DeCICCO, APPELLANT, v. NASSAU RADIOLOGICAL GROUP, ET AL.…

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 582 (N.Y. App. Div. 2000)
715 N.Y.S.2d 324

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