AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

HORACE WILSON, Respondent, v. BRUNSWICK HOSPITAL et al., Defendants, and BERNARD NASH et al., Appellants.

Ordered that the order is reversed, with one bill of costs to the appellants appearing separately and filing separate briefs, as a matter of discretion in the interest of justice, the motions are granted, and the complaint is dismissed insofar as asserted against the appellants.

Since the plaintiffs failed to comply with two court orders compelling disclosure, and failed to respond to the appellants' motions to dismiss the complaint for such failures, we find that the plaintiffs' conduct to be willful and contumacious. Accordingly, the Supreme Court improvidently exercised its discretion in failing to dismiss the complaint insofar as asserted against the appellants (see, Nudelman v New York City Tr. Auth., 172 A.D.2d 503; Pietrowski v City of New York, 166 A.D.2d 423; Tschernina v Embanque Corp., 161 A.D.2d 585, 586-587; Rubin v Pan Am. World Airways, 128 A.D.2d 765). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.

Use AI to get other relevant cases.

Comments

WILSON v. BRUNSWICK HOSPITAL
(Dec 27, 1993)