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ROYAL CATERERS, LLC v. MIDLAND

Appellate Division of the Supreme Court of New York, Second Department.
Jun 21, 2004
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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.