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SAMUEL SCHWARTZ, Appellant, v. CHATCHAVAN SUEBSANGUAN, Defendant, and GORDON D. LUTCHMAN et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in dismissing the complaint. Although dismissal of a complaint pursuant to CPLR 3126 is a drastic remedy, it is warranted where a party's conduct is shown to be willful and contumacious ( see Rowell v. Joyce, 10 AD3d 601; Beneficial Mtge. Corp. v. Lawrence, 5 AD3d 339; Frias v. Fortini, 240 AD2d 467). The plaintiff's willful and contumacious conduct can be inferred from his repeated failure to adequately respond to discovery demands and court directives to comply with the demands, and his inadequate explanations for his failures to comply ( see Rowell v. Joyce, supra; Beneficial Mtge. Corp. v. Lawrence, supra; Ranfort v. Peak Tours, 250 AD2d 747).

The plaintiff's remaining contentions either are improperly raised for the first time on appeal or are without merit.

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SCHWARTZ v. SUEBSANGUAN
(Feb 22, 2005)