Appellate Division of the Supreme Court of New York, 2012

Coaxum v. Nor-Topia Service Station, Inc.

Coaxum v. Nor-Topia Service Station, Inc.
Appellate Division of the Supreme Court of New York · Decided December 13, 2012
101 A.D.3d 485; 954 N.Y.2d 870
Coaxum v. Nor-Topia Service Station, Inc.

Opinion of the Court

The motion court correctly determined that the order dismissing plaintiffs complaint under Bronx County index No. 28626/ 2001 was for failure to prosecute, as evidenced by plaintiffs willful and contumacious disregard for the court’s discovery orders (Perez v New York City Hous. Auth.) 302 AD2d 210 [1st Dept 2003]). Accordingly, plaintiff’s second complaint, filed under Bronx County index No. 309385/09, was barred by CPLR 205 (a) and properly dismissed by the motion court.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Mazzarelli, Acosta and Román, JJ.

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