AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WILLIAM WATSON, Appellant, v. WAYNE HALL, SR., Respondent.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in dismissing the complaint. Although dismissal of a complaint for failure to comply with a disclosure order pursuant to CPLR 3126 is a drastic remedy, it is warranted where a party's conduct is shown to be willful and contumacious ( see Devito v J J Towing, Inc., 17 AD3d 624, 625; Schwartz v Suebsanguan, 15 AD3d 565, 566; cf. Prappas v Papadatos, 38 AD3d 871, 872-873; Russo v Tolchin, 35 AD3d 431, 434-435). The plaintiff's willful and contumacious conduct can be inferred from his repeated failures to adequately respond to the defendant's discovery demands, even after he was directed to do so by court order, as well as his inadequate explanation for his failures to comply ( see Devito v J J Towing, Inc., supra; Schwartz v Suebsanguan, supra; Rowell v Joyce, 10 AD3d 601).

Use AI to get other relevant cases.

Comments

WATSON v. HALL
(Aug 14, 2007)