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GELTMAN v. ST. AGNES HOSPITAL
Appellate Division of the Supreme Court of New York, Second Department.
Oct 5, 1992
Ordered that the order is affirmed, with costs.
Although it has been held that monetary sanctions are preferred over dismissal (see, Rosner v Blue Channel Corp., 131 A.D.2d 654), it has also been held that where a party frustrates attempts at disclosure through deliberate and contumacious acts, dismissal is proper (see, DeMasi v Dine, 155 A.D.2d 583; see also, Lobo Equities v North Riv. Ins. Co., 124 A.D.2d 647). In spite of the repeated requests and orders directing the plaintiff to involve herself in pretrial disclosure, she did not. Accordingly, the complaint was properly dismissed pursuant to CPLR 3126. Thompson, J.P., Sullivan, Balletta and Lawrence, JJ., concur.
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