Royal Caterers, LLC v. Midland
Decision Date | 21 June 2004 |
Docket Number | 2002-07937. |
Citation | 2004 NY Slip Op 05432,8 A.D.3d 549,778 N.Y.S.2d 713 |
Parties | ROYAL CATERERS, LLC, et al., Appellants, v. MARINE MIDLAND et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The plaintiffs' repeated failure to comply with court-ordered discovery and their failure to timely pay monetary sanctions imposed was clearly willful, deliberate, and contumacious conduct. Thus, the Supreme Court, providently exercised its discretion in dismissing their complaint (see Kihl v Pfeffer, 94 NY2d 118, 120-123 [1999]; Russell v B&B Indus., 309 AD2d 914 [2003]; Vanalst v City of New York, 302 AD2d 515 [2003]).
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