CPLR § 3126 Penalties for refusal to comply with order or to disclose
CPLR R. 3216 Want of prosecution
M & W Registry, Inc. v Shah, 2009 NY Slip Op 02976 (App. Div., 2nd, 2009)
In an action, inter alia, to recover damages for breach of contract,
the defendant Darshan Shah appeals, as limited by his brief, from so
much of an order of the Supreme Court, Kings County (Schmidt, J.),
dated May 19, 2008, as denied that branch of his motion which was, in
effect, pursuant to CPLR 3126 and CPLR 3216 to dismiss the amended
complaint insofar as asserted against him.ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant failed to demonstrate that dismissal of the amended complaint was appropriate pursuant to CPLR 3126 (cf. CPLR 3126[3]; Sisca v City of Yonkers, 24 AD3d 531, 532; DeCintio v Ahmed, 276 AD2d 463, 464), or CPLR 3216 (cf. CPLR
3216[b][3]; [e]). Accordingly, the Supreme Court properly denied that
branch of the appellant's motion which was, in effect, pursuant to
those statutes to dismiss the amended complaint insofar as asserted
against him.
The bold is mine.
bruteforcelawyer.com 