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Kaplan v. Elkind

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 683 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

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


Ordered that the order is affirmed, with costs.

The record demonstrates that the plaintiffs failed to fully comply with court orders directing full discovery, and offered inadequate excuses for their noncompliance. Moreover, even after the court ordered full compliance with the defendants' discovery demands, the plaintiffs still delayed the production of certain items for several years after the order was issued. Under these circumstances, the Supreme Court properly concluded that plaintiffs' conduct was willful and permissibly exercised its discretion in dismissing the plaintiffs' complaint pursuant to CPLR 3126 (3) (see, Glasburgh v. Port Auth., 193 A.D.2d 441; Wolfson v. Nassau County Med. Ctr., 141 A.D.2d 815; Bigman v. Dime Sav. Bank, 181 A.D.2d 648). Thompson, J.P., Sullivan, Friedmann and Krausman, JJ., concur.


Summaries of

Kaplan v. Elkind

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 683 (N.Y. App. Div. 1994)
Case details for

Kaplan v. Elkind

Case Details

Full title:NEIL KAPLAN et al., Appellants, v. ARTHUR ELKIND et al., Respondents

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 683 (N.Y. App. Div. 1994)
617 N.Y.S.2d 797

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