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Ferguson v. Belair Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 517 (N.Y. App. Div. 1996)

Opinion

March 4, 1996

Appeal from the Supreme Court, Kings County (Yoswein, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the Supreme Court did not improvidently exercise its discretion by denying the branch of its motion which was to dismiss the complaint due to the plaintiff's failure to comply with the appellant's discovery damages. Under the circumstances of this case, the court's conditional order of preclusion was appropriate ( see, CPLR 3126). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Ferguson v. Belair Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 517 (N.Y. App. Div. 1996)
Case details for

Ferguson v. Belair Construction Corp.

Case Details

Full title:CONRAD FERGUSON, Respondent, v. BELAIR CONSTRUCTION CORP., Appellant, et…

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

Date published: Mar 4, 1996

Citations

225 A.D.2d 517 (N.Y. App. Div. 1996)
639 N.Y.S.2d 90

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