Home/Appellate Division of the Supreme Court of New York/Coaxum v. Nor-Topia Service Station, Inc.

Coaxum v. Nor-Topia Service Station, Inc.

101 A.D.3d 485, 954 N.Y.2d 870
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 13, 2012
StatusPublished

This text of 101 A.D.3d 485 (Coaxum v. Nor-Topia Service Station, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coaxum v. Nor-Topia Service Station, Inc., 101 A.D.3d 485, 954 N.Y.2d 870 (N.Y. Ct. App. 2012).

Opinion

The motion court correctly determined that the order dismissing plaintiffs complaint under Bronx County index No. 28626/ 2001 was for failure to prosecute, as evidenced by plaintiffs willful and contumacious disregard for the court’s discovery orders (Perez v New York City Hous. Auth.) 302 AD2d 210 [1st Dept 2003]). Accordingly, plaintiff’s second complaint, filed under Bronx County index No. 309385/09, was barred by CPLR 205 (a) and properly dismissed by the motion court.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Mazzarelli, Acosta and Román, JJ.

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Related

Perez v. New York City Housing Authority
302 A.D.2d 210 (Appellate Division of the Supreme Court of New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
101 A.D.3d 485, 954 N.Y.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coaxum-v-nor-topia-service-station-inc-nyappdiv-2012.