Home/Appellate Division of the Supreme Court of New York/Polito v. DeTomaso

Polito v. DeTomaso

208 A.D.2d 912, 618 N.Y.S.2d 575
Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1994·Published·Cited by 4 cases

Opinion

In an action to recover damages for personal injuries, etc., the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Ramirez, J.), dated February 26, 1993, as dismissed the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in dismissing the plaintiff’s complaint pursuant to CPLR 3126. The plaintiff exhibited willful and contumacious conduct in failing to comply with repeated demands for disclosure and depositions (see, Zletz v Wetanson, 67 NY2d 711, 713; Mills v Ducille, 170 AD2d 657). Sullivan, J. P., Rosenblatt, Altman, Hart, and Friedmann, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Polito v. DeTomaso, 208 A.D.2d 912, 618 N.Y.S.2d 575 (N.Y. Ct. App. 1994).

208 A.D.2d 912 (Polito v. DeTomaso) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Williams v. New Style Limousine, Inc.
1 Misc. 3d 502 (New York Supreme Court, 2003)
Amato v. County of Westchester
243 A.D.2d 593 (Appellate Division of the Supreme Court of New York, 1997)
DeGennaro v. Robbie Robinson Textiles, Inc.
224 A.D.2d 574 (Appellate Division of the Supreme Court of New York, 1996)
Abruzzo v. Malerba
208 A.D.2d 879 (Appellate Division of the Supreme Court of New York, 1994)