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Walsh v. Hudson Transit Lines Incorporated

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1983
98 A.D.2d 745 (N.Y. App. Div. 1983)

Opinion

December 12, 1983


In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Orange County (Green, J.), dated July 23, 1982, which denied its motion to dismiss the complaint. Order affirmed, without costs or disbursements. The extreme penalty of striking a pleading for failure to comply with an order of disclosure is warranted only when the failure has been willful or contumacious (see, e.g., Plainview Assoc. v. Miconics Inds., 90 A.D.2d 825; Ortiz v. New York City Health Hosps. Corp., 72 A.D.2d 741; cf. Kamp v. DHJ Inds., 75 A.D.2d 636). Inasmuch as plaintiff fully complied with the demands for discovery prior to the time that the motion was noticed to be heard, we cannot say that Special Term's determination constitutes an improvident exercise of discretion (cf. Unity Mfg. Corp. v St. Paul Fire Mar. Ins. Co., 97 A.D.2d 462). Titone, J.P., Gibbons, O'Connor and Rubin, JJ., concur.


Summaries of

Walsh v. Hudson Transit Lines Incorporated

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1983
98 A.D.2d 745 (N.Y. App. Div. 1983)
Case details for

Walsh v. Hudson Transit Lines Incorporated

Case Details

Full title:EVELYN WALSH, Respondent, v. HUDSON TRANSIT LINES INCORPORATED, Appellant

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

Date published: Dec 12, 1983

Citations

98 A.D.2d 745 (N.Y. App. Div. 1983)