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DeGennaro v. Robbie Robinson Textiles, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 574 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly exercised its discretion in dismissing the plaintiffs' complaint as against the respondents. The plaintiffs' failure to comply with previous discovery orders, considered in conjunction with their history of resisting disclosure, fully supports the court's exercise of discretion in striking the plaintiffs' complaint as to the respondents ( see, Kaplan v. Elkind, 208 A.D.2d 683; Bigman v. Dime Sav. Bank, 181 A.D.2d 648). The dismissal is justified based on the plaintiffs' repeated lack of responses to the respondents' demands for disclosure and the plaintiffs' failure to timely and fully comply with the court orders issued enforcing those demands ( see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Wolfson v. Nassau County Med. Ctr., 141 A.D.2d 815; see also, Polito v. DeTomaso, 208 A.D.2d 912; Mills v. Ducille, 170 A.D.2d 657, 658; Bigman v. Dime Sav. Bank, supra; Sawh v. Bridges, 120 A.D.2d 74, 78).

The plaintiffs' remaining contentions are without merit. Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.


Summaries of

DeGennaro v. Robbie Robinson Textiles, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 574 (N.Y. App. Div. 1996)
Case details for

DeGennaro v. Robbie Robinson Textiles, Inc.

Case Details

Full title:SHARON DEGENNARO, an Infant, by Her Mother and Natural Guardian, MARGARET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1996

Citations

224 A.D.2d 574 (N.Y. App. Div. 1996)
638 N.Y.S.2d 692

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