Lobo Equities, Inc. v. North River Ins. Co.
| Decision Date | 10 November 1986 |
| Citation | 508 N.Y.S.2d 33,124 A.D.2d 647 |
| Parties | LOBO EQUITIES, INC., Appellant, v. NORTH RIVER INSURANCE COMPANY, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Martin B. Adelman, New York City (Martin Freedhand, of counsel), for appellant.
Tell, Cheser & Breitbart, New York City (Solomon M. Cheser and Robert Goodman, of counsel), for respondent.
Before MOLLEN, P.J., and LAZER, BRACKEN and KOOPER, JJ.
MEMORANDUM BY THE COURT.
In an action to recover on a fire insurance policy, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Held, J.), dated May 31, 1985, which upon the defendant's motion pursuant to CPLR 3126 to impose sanctions for the plaintiff's failure to comply with disclosure demands and orders enforcing them, dismissed the complaint, and (2) a judgment of the same court, entered June 11, 1985, thereon.
ORDERED that the respondent is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501).
The plaintiff's behavior in this matter involving a lack of response to the defendant's demands for disclosure and a refusal to timely comply with the several orders issued enforcing such demands, was so willful as to warrant the sanction of dismissal of the complaint.
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