Greene v. Starwood Hotels and Resorts Worldwide Inc.
Cite as: Greene v. Starwood Hotels and Resorts Worldwide Inc., 570725/12, NYLJ 1202589713448, at *1 (App. Div., 1st, Decided December 11, 2012)
Before: Lowe, III, P.J., Shulman, J.
Decided: December 11, 2012
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), dated March 21, 2011, which granted defendant's motion for summary judgment dismissing the complaint.
Order (Tanya R. Kennedy, J.), dated March 21, 2011, affirmed, with $10 costs.
Plaintiff's continued failure to produce documentary evidence in support of his claim, as required by the conditional order of preclusion, was shown to be willful and in bad faith, where plaintiff readily acknowledged that he is "not willing" to search for any of the documents demanded (see Jones v. Green, 34 AD3d 260 ; Frias v. Fortini, 240 AD2d 467 ). The preclusion order therefore became
absolute, and warranted the grant of defendant's motion for summary dismissal of the complaint (see Video-Cinema Films, Inc. v. Seaboard Sur. Co., 237 AD2d 135 ; DiPietro v. Duhl, 227 AD2d 515 ; Becerril v. Skate Way Roller Rink, 184 AD2d 365 ; cf. Bell v. Toothsavers, Inc., 213 AD2d 199 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.