MY CARPET, INC. v. BRUCE SUPPLY CORP

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

Jun 1, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff's continued failure to comply with discovery requests, and a so-ordered stipulation to satisfy those requests, was willful, contumacious, and in bad faith ( see Beneficial Mtge. Corp. v. Lawrence, 5 A.D.3d 339). Therefore, the Supreme Court providently exercised its discretion in striking the plaintiff's complaint as a sanction pursuant to CPLR 3126(3) ( see Yona v. Beth Israel Med. Ctr., 285 A.D.2d 460, 461).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.