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HALIKIOPOULOS v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS

284 A.D.2d 373 (2001)

725 N.Y.S.2d 895

IRENE HALIKIOPOULOS et al., Respondents, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 11, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The drastic remedy of dismissing a complaint based on a plaintiff's failure to comply with court-ordered discovery should be granted only where the conduct is shown to be willful, contumacious, or in bad faith. Where a plaintiff disobeys a court order and by his or her conduct frustrates discovery, dismissal is proper (see, CPLR 3126; Cronin v Perry, 269 A.D.2d...

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