Melnitzky v Housing Works Inc. (2005 NY Slip Op 07998)

Melnitzky v Housing Works Inc.

2005 NY Slip Op 07998 [22 AD3d 424]

October 27, 2005

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Michael Melnitzky et al., Appellants,
v
Housing Works Inc. et al., Respondents.

—[*1]

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 18, 2004, which dismissed plaintiffs' complaint, unanimously affirmed, with costs.

The complaint was properly dismissed upon a record showing that plaintiffs' noncompliance with numerous disclosure orders was willful (CPLR 3126). The record does not support plaintiffs' claim of bias. Concur—Tom, J.P., Mazzarelli, Friedman, Catterson and McGuire, JJ.