Cutolo v. Khalife

Appellate Division of the Supreme Court of New York

Cutolo v. Khalife

242 A.D.2d 661, 664 N.Y.S.2d 939, 1997 N.Y. App. Div. LEXIS 9212

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1997

StatusPublished

Cited by7 cases

This text of 242 A.D.2d 661 (Cutolo v. Khalife) 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

Cutolo v. Khalife, 242 A.D.2d 661, 664 N.Y.S.2d 939, 1997 N.Y. App. Div. LEXIS 9212 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered August 22, 1996, which granted the defendants’ separate motions to dismiss the complaint pursuant to CPLR 3126 for failure to comply with prior orders of the court.

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 [662]*662several court orders compelling full disclosure, and in failing to provide a reasonable excuse for their noncompliance (see, Zletz v Wetanson, 67 NY2d 711, 713; Lobo Equities v North Riv. Ins. Co., 124 AD2d 647; Anteri v NRS Constr. Corp., 117 AD2d 696, 697-698; Brandi v Chan, 151 AD2d 853, 854; Henderson v Stilwell, 116 AD2d 861, 862-863). Mangano, P. J., Copertino, Altman and Goldstein, JJ., concur.

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In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered August 22, 1996, which granted the defendants’ separate motions to dismiss the complaint pursuant to CPLR 3126 for failure to comply with prior orders of the court.

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 [662]*662several court orders compelling full disclosure, and in failing to provide a reasonable excuse for their noncompliance (see, Zletz v Wetanson, 67 NY2d 711, 713; Lobo Equities v North Riv. Ins. Co., 124 AD2d 647; Anteri v NRS Constr. Corp., 117 AD2d 696, 697-698; Brandi v Chan, 151 AD2d 853, 854; Henderson v Stilwell, 116 AD2d 861, 862-863). Mangano, P. J., Copertino, Altman and Goldstein, JJ., concur.

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Bluebook (online)

242 A.D.2d 661, 664 N.Y.S.2d 939, 1997 N.Y. App. Div. LEXIS 9212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutolo-v-khalife-nyappdiv-1997.

Opinion

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