Practice point: The complaint was dismissed after plaintiff failed to comply with two court orders despite the fact that the second order clearly warned plaintiff that its action would be dismissed unless it complied. Plaintiff's supplemental discovery response was late and incomplete, its excuse for failing to respond in a timely manner lacked merit, and it did not offer any excuse for those documents that it has still not exchanged.
Student note: The court found that it could be reasonably inferred that plaintiff's conduct had met the dismissal standard of willful and contumacious.
Case: LaSalle Talman Bank, F.S.B. v. Weisblum
& Felice, NY
Slip Op 06864 (1st Dept. 2012).
Tomorrow’s issue: Motion to change venue denied.
