X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

9096. CRYSTAL WILLIAMS, plf-ap, v. SHIVA AMBULETTE SERVICE INC., ET AL. def-res, UMBERTO FLAIM, def — Sacco & Fillas, LLP, Astoria (John P. Gloumis of counsel), for ap — Lewis Brisbois Bisgaard & Smith, New York (Nicholas P. Hurzeler of counsel), for Shiva Ambulette Service, Inc. and Levern Lloyd, res — McCabe, Collins, McGeough & Fowler, LLP, Carle Place (Barry L. Manus of counsel), for Darlene Baguero and Carlos Guzman, res — Murphy & Higgins, LLP, New Rochelle (Richard S. Kaye of counsel), for EMA’s Ambulette Inc. and Jessica C. Postell, res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered October 12, 2011, which granted defendants EMA’s Ambulette Inc. and Jessica C. Postell’s motion to strike the complaint and dismiss the action pursuant to CPLR 3126, unanimously affirmed, without costs.

The court did not abuse its discretion in striking the complaint and dismissing the action (see CPLR 3126[3]; see also Arts4All, Ltd. v. Hancock, 54 AD3d 286, 286-287 [1st Dept 2008], affd 12 NY3d 846 [2009], cert denied __ US __, 130 S Ct 1301 [2010]). Plaintiff’s unexplained pattern of disobeying four successive court orders and failing to timely provide discovery regarding her medical treatment, prior accidents and preexisting medical conditions involving the same body parts involved in this action demonstrated that her noncompliance was willful, contumacious and in bad faith (see Henderson-Jones v. City of New York, 87 AD3d 498, 504 [1st Dept 2011]; quoting McGilvery v. New York City Tr. Auth., 213 AD2d 322, 324 [1st Dept 1995]). Plaintiff’s bad faith is further supported by the inadequacy of her initial response to the court’s discovery orders, made only after plaintiff missed the deadlines of four prior court orders and defendants filed their motion for sanctions, which omitted several categories of information that had been ordered by the court, and included material, sworn statements of fact regarding her preexisting medical conditions that were later shown to be false by plaintiff’s subsequent discovery response.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›