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Wolf v. Amerada Hess Corp.

Appellate Term of the Supreme Court of New York, First Department
Feb 28, 2008
2008 N.Y. Slip Op. 50382 (N.Y. App. Term 2008)

Opinion

570441/07.

Decided on February 28, 2008.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered April 23, 2007, which denied her motion for summary judgment and granted defendants' cross motions to dismiss the complaint.

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.


Order (Geoffrey D. Wright, J.), entered April 23, 2007, affirmed, with $10 costs.

The motion court providently exercised its discretion in dismissing the complaint because of plaintiff's continued pattern of noncompliance with court orders and outstanding discovery over a two-year period ( see Watson v Hall, 43 AD3d 435; Rowell v Joyce, 10 AD3d 601), which gave rise to an inference of willful and contumacious conduct ( see Jones v Green, 34 AD3d 260). Plaintiff failed to adequately explain her repeated failure to comply ( see Milton v 305/72 Owners Corp., 19 AD3d 133). We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Wolf v. Amerada Hess Corp.

Appellate Term of the Supreme Court of New York, First Department
Feb 28, 2008
2008 N.Y. Slip Op. 50382 (N.Y. App. Term 2008)
Case details for

Wolf v. Amerada Hess Corp.

Case Details

Full title:SHEILA KING WOLF, Plaintiff-Appellant, v. AMERADA HESS CORP., AND 527 WEST…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Feb 28, 2008

Citations

2008 N.Y. Slip Op. 50382 (N.Y. App. Term 2008)