Hall Approved Free Access to American Case Law
Appellate Division of the Supreme Court of New York, 1996

Ferguson v. Belair Construction Corp.

Ferguson v. Belair Construction Corp.
Appellate Division of the Supreme Court of New York · Decided March 4, 1996
225 A.D.2d 517; 639 N.Y.2d 90; 639 N.Y.S.2d 90; 1996 N.Y. App. Div. LEXIS 1907
Ferguson v. Belair Construction Corp.

Opinion of the Court

*518Contrary to the appellant’s contention, the Supreme Court did not improvidently exercise its discretion by denying the branch of its motion which was to dismiss the complaint due to the plaintiffs failure to comply with the appellant’s discovery damages. Under the circumstances of this case, the court’s conditional order of preclusion was appropriate (see, CPLR 3126). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.