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INTERNATIONAL CONSULTING SERVICES, LTD., appellant, v. FLO KISS, ET AL., respondents, ET AL., defendants (and a third-party action).

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondents' motion pursuant to CPLR 3126, inter alia, to dismiss the complaint insofar as asserted against them for failure to obey orders directing disclosure ( see Gomez v. Gateway Demolition Corp., 293 A.D.2d 649). Under the circumstances of this case, the Supreme Court properly found that the plaintiff's failure to provide the discovery sought by the respondents was willful, contumacious, and deliberate, warranting dismissal under CPLR 3126 ( see Kihl v. Pfeffer, 94 N.Y.2d 118, 123).

The plaintiff's remaining contentions are without merit.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

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INTERNATIONAL CONSULTING SERVICES v. KISS
(Mar 29, 2004)