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INTERNATIONAL CONSULTING SERVICES v. KISS

Appellate Division of the Supreme Court of New York, Second Department.
Mar 29, 2004
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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.