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Poteat v. 443 Clinton Realty Corp.

259 A.D.2d 606, 684 N.Y.S.2d 922, 1999 N.Y. App. Div. LEXIS 2487
Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1999·Published

Opinion

In an action to recover damages, inter alia, for conversion and assault, the plaintiffs appeal from an order of the Supreme Court, Kings County (Garson, J.), dated February 2, 1998, which denied the motion by their attorney to be relieved, and granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3126 based on their failure to comply with certain court-ordered discovery.

Ordered that the order is affirmed, with costs.

[607]*607The Supreme Court did not improvidently exercise its discretion in granting the defendants’ cross motion to dismiss the complaint pursuant to CPLR 3216 (see, Zletz v Wetanson, 67 NY2d 711; Amato v County of Westchester, 243 AD2d 593; Frias v Fortini, 240 AD2d 467).

The plaintiffs’ remaining contention is without merit. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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Poteat v. 443 Clinton Realty Corp., 259 A.D.2d 606, 684 N.Y.S.2d 922, 1999 N.Y. App. Div. LEXIS 2487 (N.Y. Ct. App. 1999).

259 A.D.2d 606 (Poteat v. 443 Clinton Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Zletz v. Wetanson
490 N.E.2d 852 (New York Court of Appeals, 1986)
Frias v. Fortini
240 A.D.2d 467 (Appellate Division of the Supreme Court of New York, 1997)
Amato v. County of Westchester
243 A.D.2d 593 (Appellate Division of the Supreme Court of New York, 1997)