Stanfill Plumbing & Heating Corp. v. Dravo Constructors, Inc

In Stanfill Plumbing & Heating Corp. v. Dravo Constructors, Inc., 216 A.D.2d 101 (1st Dept., 1995), the First Department held that the lower court "did not improvidently exercise its discretion in dismissing the underlying action for the failure of plaintiff to comply with prior court-ordered discovery." The court specifically found that it was proper to dismiss the plaintiff's complaint since the record revealed that the lower court had given the plaintiff ample opportunity to comply with discovery and the plaintiff repeatedly failed to comply. Id.