Opinion
2012-10-16
LaSALLE TALMAN BANK, F.S.B., etc., Plaintiff–Appellant, v. WEISBLUM & FELICE, et al., Defendants–Respondents.
Vedder Price P.C., New York (Daniel C. Green of counsel), for appellant. Rubin, Fiorella & Friedman, LLP, New York (Shelley R. Halber of counsel), for Weisblum & Felice and Jon B. Felice, respondents.
Vedder Price P.C., New York (Daniel C. Green of counsel), for appellant. Rubin, Fiorella & Friedman, LLP, New York (Shelley R. Halber of counsel), for Weisblum & Felice and Jon B. Felice, respondents.
Steinberg & Cavaliere, LLP, White Plains (James F. Creighton of counsel), for The Law Offices of Jordan S. Katz, P.C. and Jordan S. Katz, respondents.
Order, Supreme Court, New York County (Louis B. York, J.), entered April 14, 2011, which, in an action to recover damages for alleged malpractice, to the extent appealed from as limited by the briefs, granted defendants' cross motions, pursuant to CPLR 3126, to dismiss the complaint, unanimously affirmed, without costs.
The complaint was properly dismissed, given that plaintiff failed to comply with two court orders despite the fact that the second order clearly warned plaintiff that its action would be dismissed unless it complied. Plaintiff's supplemental discovery response was late and incomplete, its excuse for failing to respond in a timely manner lacks merit, and it has not offered any excuse for those documents that it has still not exchanged. Thus, it can be reasonably inferred that plaintiff's conduct has been willful and contumacious ( see *872Johnson v. City of New York, 188 A.D.2d 302, 303, 590 N.Y.S.2d 485 [1st Dept. 1992] ).
We have considered plaintiff's remaining arguments and find them unavailing.