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DOMINIC S. CUTOLO et al., Appellants, v. MICHAEL KHALIFE et al., Respondents.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiffs' complaint pursuant to CPLR 3126. The plaintiffs exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and service of proper bills of particulars, in failing to comply with several court orders compelling full disclosure, and in failing to provide a reasonable excuse for their noncompliance ( see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Lobo Equities v. North Riv. Ins. Co., 124 A.D.2d 647; Anteri v. NRS Constr. Corp., 117 A.D.2d 696, 697-698; Brandi v. Chan, 151 A.D.2d 853, 854; Henderson v. Stilwell, 116 A.D.2d 861, 862-863).

Mangano, P.J., Copertino, Altman and Goldstein, JJ., concur.

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CUTOLO v. KHALIFE
(Sep 29, 1997)