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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 31, 1994
StatusPublished
Cited by4 cases

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

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.

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Cite This Page — Counsel Stack

Bluebook (online)
208 A.D.2d 912, 618 N.Y.S.2d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polito-v-detomaso-nyappdiv-1994.