Cobo v. Pennwalt Corp. Stokes Div.

Summary

The Appellate Division, Second Department, affirmed dismissal of the plaintiff's amended personal-injury complaint under CPLR 3126 for repeated failures to comply with discovery demands and a conditional discovery order. The court held that the plaintiff's conduct demonstrated willful and contumacious noncompliance and that counsel's inability to contact the plaintiff did not constitute a reasonable excuse. The court therefore concluded that the Supreme Court providently exercised its discretion in dismissing the complaint.

Holdings

1. The Supreme Court properly dismissed the amended complaint because the plaintiff repeatedly failed to provide full and complete responses to discovery demands and failed to comply with the conditional order.
2. The plaintiff's willful and contumacious conduct could be inferred from her repeated failure over an extended period to provide adequate discovery, a supplemental bill of particulars, and compliant authorizations required by court order.
3. The plaintiff was not entitled to relief from the conditional dismissal order because she failed to demonstrate a reasonable excuse for noncompliance.

Questions Presented

1. Whether the Supreme Court providently exercised its discretion under CPLR 3126 by dismissing the amended complaint for the plaintiff's failure to comply with discovery demands and a conditional discovery order.
2. Whether the plaintiff demonstrated a reasonable excuse sufficient to avoid the adverse consequences of the conditional order.
3. Whether a party's failure to provide discovery may be deemed willful and contumacious based on repeated inadequate responses and noncompliance with discovery orders.

Disposition

affirmed