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Pontas Renovation, Inc. v. Kitano Arms Corp.

224 A.D.2d 349 Court N.Y. App. Div. Decision date 1996-02-27 English

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p. 349
Pontas Renovation, Inc., Appellant, v Kitano Arms Corporation, Respondent, et al., Defendants.
[638 NYS2d 64]

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 15, 1994, which, inter alia, granted defendant Kitano Arms Corporation’s motion for an order of preclusion as a discovery sanction to the extent of directing that plaintiff make its books available for inspection by defendant Kitano; order, same court and Justice, entered May 22, 1995, which dismissed plaintiff’s complaint for failure to comply with the order of December 15, 1994; and order, same court and Justice, entered August 22, 1995, which denied plaintiffs motion to extend a notice of pendency, unanimously affirmed, with costs.

Plaintiffs corporate general ledger is relevant, and the order that plaintiff disclose it was a proper exercise of discretion. Plaintiffs counsel candidly stated that plaintiff was refusing to produce the ledger because it had unilaterally determined that it was immaterial. There was, therefore, willful non-compliance with a prior court order directing disclosure, justifying the

p. 350
sanction of dismissal (see, Zletz v Wetanson, 67 NY2d 711 ). Given this background, there was no "good cause shown” (CPLR 6513) to warrant extending plaintiffs notice of pendency. Concur — Sullivan, J. P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.

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