POLITO v. DeTOMASO

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiff's complaint pursuant to CPLR 3126. The plaintiff exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and depositions (see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Mills v Ducille, 170 A.D.2d 657). Sullivan, J.P., Rosenblatt, Altman, Hart, and Friedmann, JJ., concur.