Krisztin v. Oak Beach Inn Corp.
This text of 306 A.D.2d 249 (Krisztin v. Oak Beach Inn Corp.) 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.
Opinion
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Dunn, J.), dated June 17, 2002, which granted the motion of the defendant Town of Babylon pursuant to CPLR 3042 (d) to dismiss the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The record establishes that the plaintiff’s repeated failure to comply with the respondent’s demand for a verified bill of [250]*250particulars was willful. Accordingly, the Supreme Court properly exercised its discretion in granting the respondent’s motion to dismiss the complaint insofar as asserted against it (see CPLR 3042 [d]). Florio, J.P., S. Miller, Friedmann, Adams and Rivera, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
306 A.D.2d 249, 760 N.Y.S.2d 354, 2003 N.Y. App. Div. LEXIS 6253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krisztin-v-oak-beach-inn-corp-nyappdiv-2003.