DeMasi v. Dine

Decision Date20 November 1989
Citation548 N.Y.S.2d 32,155 A.D.2d 583
PartiesFrancis DeMASI, Appellant, v. James B. DINE, et al., Respondents. (and a third-party action)
CourtNew York Supreme Court — Appellate Division

Wolf & Hoffman, Brooklyn (Marshall D. Sweetbaum, of counsel), for appellant.

Jacobson & Schwartz, Rockville Centre (Paul Goodovitch, of counsel), for respondents.

Before MANGANO, J.P., and LAWRENCE, KUNZEMAN and KOOPER, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Shaughnessy, J.), entered September 9, 1988, which, upon the defendants' motion pursuant to CPLR 3126, dismissed the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff disregarded the defendants' demand for disclosure and an order of the court directing that disclosure. While there is no requirement that an affidavit of merit be provided by the plaintiff, the failure of the plaintiff to have done so together with his actions herein were properly considered by Justice O'Shaughnessy (see, Wolfson v. Nassau County Med. Center, 141 A.D.2d 815, 530 N.Y.S.2d 27). It appears that the plaintiff has acted in a deliberate and contumacious manner justifying dismissal of the complaint pursuant to CPLR 3126.

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4 cases
  • Elias v. Handler
    • United States
    • New York Supreme Court — Appellate Division
    • November 20, 1989
  • Adinolfi v. Adinolfi
    • United States
    • New York Supreme Court — Appellate Division
    • December 3, 1990
    ...days, to comply with the defendant's discovery demands, does not constitute an improvident exercise of discretion (see, DeMasi v. Dine, 155 A.D.2d 583, 548 N.Y.S.2d 32; Read v. Dickson, 150 A.D.2d 543, 541 N.Y.S.2d We have examined the plaintiff's remaining contentions and find them to be w......
  • Geltman v. St. Agnes Hosp.
    • United States
    • New York Supreme Court — Appellate Division
    • October 5, 1992
    ...that where a party frustrates attempts at disclosure through deliberate and contumacious acts, dismissal is proper (see, DeMasi v. Dine, 155 A.D.2d 583, 548 N.Y.S.2d 32; see also, Lobo Equities v. North Riv. Ins. Co., 124 A.D.2d 647, 508 N.Y.S.2d 33). In spite of the repeated requests and o......
  • DeMasi v. Dine
    • United States
    • New York Court of Appeals Court of Appeals
    • June 12, 1990

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