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Rivers v. Embassy Club

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1994
207 A.D.2d 876 (N.Y. App. Div. 1994)

Opinion

September 26, 1994

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


Ordered that the order is affirmed, without costs or disbursements.


We find that the Supreme Court did not improvidently exercise its discretion in dismissing the plaintiff's complaint pursuant to CPLR 3126. The plaintiff exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and in failing to comply with several court orders compelling full and adequate disclosure (see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Lobo Equities v. North Riv. Ins. Co., 124 A.D.2d 647; Anteri v. NRS Constr. Corp., 117 A.D.2d 696, 697-698; Brandi v Chan, 151 A.D.2d 853, 854; Henderson v. Stilwell, 116 A.D.2d 861, 862-863). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.


Summaries of

Rivers v. Embassy Club

Appellate Division of the Supreme Court of New York, Second Department
Sep 26, 1994
207 A.D.2d 876 (N.Y. App. Div. 1994)
Case details for

Rivers v. Embassy Club

Case Details

Full title:AMELIA RIVERS, Appellant, v. EMBASSY CLUB, Respondent. (And a Third-Party…

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

Date published: Sep 26, 1994

Citations

207 A.D.2d 876 (N.Y. App. Div. 1994)
616 N.Y.S.2d 988

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