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My Carpet, Inc. v. Bruce Supply Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2004
8 A.D.3d 248 (N.Y. App. Div. 2004)

Opinion

2003-04466.

Decided June 1, 2004.

In an action, inter alia, to recover damages for loss of property, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated March 28, 2003, which granted the defendant's motion to strike the complaint pursuant to CPLR 3126(3).

Dominick W. Lavelle, Mineola, N.Y. (Susan R. Nudelman of counsel), for appellant.

Ohrenstein Brown, LLP, New York, N.Y. (Jonathan A. Judd of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff's continued failure to comply with discovery requests, and a so-ordered stipulation to satisfy those requests, was willful, contumacious, and in bad faith ( see Beneficial Mtge. Corp. v. Lawrence, 5 A.D.3d 339). Therefore, the Supreme Court providently exercised its discretion in striking the plaintiff's complaint as a sanction pursuant to CPLR 3126(3) ( see Yona v. Beth Israel Med. Ctr., 285 A.D.2d 460, 461).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

My Carpet, Inc. v. Bruce Supply Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2004
8 A.D.3d 248 (N.Y. App. Div. 2004)
Case details for

My Carpet, Inc. v. Bruce Supply Corp.

Case Details

Full title:MY CARPET, INC., appellant, v. BRUCE SUPPLY CORP., respondent (and a…

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

Date published: Jun 1, 2004

Citations

8 A.D.3d 248 (N.Y. App. Div. 2004)
777 N.Y.S.2d 308

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