Blog

The conditional order of dismissalMarch 28, 2020

Mehler v Jones, 2020 NY Slip Op 02103 (1st Dept. 2020)

“The motion court providently exercised its discretion in issuing a conditional order of dismissal, in light of plaintiff’s history of noncompliance with court orders requiring her to appear for a further deposition (see CPLR 3126[3]; Fish & Richardson, P.C. v Schindler, 75 AD3d 219, 220 [1st Dept 2010]).

Plaintiff contends that her behavior was neither willful nor contumacious. However, by issuing a conditional order, the court “relieve[d] [itself] of the unrewarding inquiry into whether [plaintiff’s] resistance was willful” (Board of Mgrs. of the 129 Lafayette St. Condominium v 129 Lafayette St., LLC, 103 AD3d 511, 511 [1st Dept 2013] [internal quotation marks omitted]).”

I find it hard to believe that the decision to impost a conditional order is a two step process. This Court lately has been all over the place doctrinally. There was a CPLR 2309 case that was off the charts stupid that I did not post because I did not want to encourage anyone to make those arguments. I am losing faith in this Court quickly.

Leave a Reply