[*1]
Wolf v Amerada Hess Corp.
2008 NY Slip Op 50382(U) [18 Misc 3d 140(A)]
Decided on February 28, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 28, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ

570441/07.

Sheila King Wolf, Plaintiff-Appellant,

against

Amerada Hess Corp., and 527 West 110th Street Condominium Corp., Defendants-Appellants.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered April 23, 2007, which denied her motion for summary judgment and granted defendants' cross motions to dismiss the complaint.


Per Curiam.

Order (Geoffrey D. Wright, J.), entered April 23, 2007, affirmed, with $10 costs.

The motion court providently exercised its discretion in dismissing the complaint because of plaintiff's continued pattern of noncompliance with court orders and outstanding discovery over a two-year period (see Watson v Hall, 43 AD3d 435 [2007]; Rowell v Joyce, 10 AD3d 601 [2004]), which gave rise to an inference of willful and contumacious conduct (see Jones v Green, 34 AD3d 260 [2006]). Plaintiff failed to adequately explain her repeated failure to comply (see Milton v 305/72 Owners Corp., 19 AD3d 133 [2005]). We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 28, 2008