Justina Velazquez, appellant, v. Jamaica Hospital Nursing Home Company, Inc., Individually and doing business as Trump Pavilion, respondent, et al., defendants. (2011)

Supreme Court, Appellate Division, Second Department, New York.

Justina Velazquez, appellant, v. Jamaica Hospital Nursing Home Company, Inc., Individually and doing business as Trump Pavilion, respondent, et al., defendants.

2009–11526 (Index No. 3070 /07)

Decided: May 17, 2011

MARK C. DILLON, J.P. RUTH C. BALKIN JOHN M. LEVENTHAL L. PRISCILLA HALL, JJ.

Kelly, Grossman & Flanagan, LLP (Arnold E. DiJoseph, P.C., New York, N.Y. [Arnold E. DiJoseph III], of counsel), for appellant. Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead, N.Y. (Ingrid M. Rodriguez of counsel), for respondent. Under the particular circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting the motion of the defendant Jamaica Hospital Nursing Home Company, Inc., Individually and doing business as Trump Pavilion, to dismiss the complaint insofar as asserted against it pursuant to CPLR 3126 as a sanction for the plaintiff ‘s willful and contumacious failure to adequately comply with an order dated July 21, 2009, which directed discovery (see Morgenstern v Jeffsam Corp., 78 AD3d 913, 914;  Watson v Hall, 43 AD3d 435, 435–436;  Reed v Jaspan, Ginsberg, Schlesinger, Silverman & Hoffman, 283 A.D.2d 630).