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A. WILLIAM BODINE, D/B/A INVESTMENT ADVISORY GROUP, APPELLANT, v. ALI LADJEVARDI, DEFENDANT, SHAHRIAR AHY, ET AL., RESPONDENTS.

ORDERED that the order is affirmed, with costs.

The trial court properly dismissed the amended verified complaint insofar as asserted against the respondents. It is within the discretion of the trial court to determine the nature and degree of the penalty to be imposed against a party who "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed" (CPLR 3126; see, DeJulio v. Wulf, 260 A.D.2d 425; Kubacka v. Town of N. Hempstead, 240 A.D.2d 374; Soto v. City of Long Beach, 197 A.D.2d 615). The plaintiff's willful and contumacious conduct can be inferred from his numerous adjournments of scheduled depositions, failure to produce requested documents, and failure to comply with the trial court's orders directing discovery compliance without an adequate excuse (see, Castrignano v. Flynn, 255 A.D.2d 352; Brady v. County of Nassau, 234 A.D.2d 408; Garcia v. Kraniotakis, 232 A.D.2d 369).

The plaintiff's remaining contentions are either not properly before this court or without merit.

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BODINE v. LADJEVARDI
(Jun 11, 2001)