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ROYAL CATERERS, LLC, ET AL., appellants, v. MARINE MIDLAND, ETC., ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs' repeated failure to comply with court-ordered discovery and their failure to timely pay monetary sanctions imposed was clearly willful, deliberate, and contumacious conduct. Thus, the Supreme Court, providently exercised its discretion in dismissing their complaint ( see Kihl v. Pfeffer, 94 N.Y.2d 118, 120-123; Russell v. BB Indus., 309 A.D.2d 914; Vanalst v. City of New York, 302 A.D.2d 515).

FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.

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ROYAL CATERERS, LLC v. MIDLAND
(Jun 21, 2004)