Geltman v. St. Agnes Hospital

Full title: GAIL GELTMAN, Appellant, v. ST. AGNES HOSPITAL, Respondent

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

Date published: Oct 5, 1992

186 A.D.2d 534 (N.Y. App. Div. 1992)

588 N.Y.S.2d 356

Opinion

October 5, 1992

Appeal from the Supreme Court, Westchester County (Delaney, J.).

Ordered that the order is affirmed, with costs.

Although it has been held that monetary sanctions are preferred over dismissal (see, Rosner v Blue Channel Corp., 131 A.D.2d 654), it has also been held that where a party frustrates attempts at disclosure through deliberate and contumacious acts, dismissal is proper (see, DeMasi v Dine, 155 A.D.2d 583; see also, Lobo Equities v North Riv. Ins. Co., 124 A.D.2d 647). In spite of the repeated requests and orders directing the plaintiff to involve herself in pretrial disclosure, she did not. Accordingly, the complaint was properly dismissed pursuant to CPLR 3126. Thompson, J.P., Sullivan, Balletta and Lawrence, JJ., concur.