| Coaxum v Nor-Topia Serv. Sta., Inc. |
| 2012 NY Slip Op 08637 [101 AD3d 485] |
| December 13, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Henry Coaxum, Appellant, v Nor-Topia Service Station, Inc., et al., Respondents. |
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Law Office of James J. Toomey, New York (Evy Kazansky of counsel), for Nor-Topia Service Station, Inc. and Michael Vasquez, respondents.
O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains (Montgomery L. Effinger of counsel), for Darryl A. Robinson, respondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered July 12, 2011, which, upon reargument, inter alia, granted defendants' motions to dismiss the complaint as barred by CPLR 205 (a), unanimously affirmed, without costs.
The motion court correctly determined that the order dismissing plaintiff's complaint under Bronx County index No. 28626/2001 was for failure to prosecute, as evidenced by plaintiff's willful and contumacious disregard for the court's discovery orders (Perez v New York City Hous. Auth., 302 AD2d 210 [1st Dept 2003]). Accordingly, plaintiff's second complaint, filed under Bronx County index No. 309385/09, was barred by CPLR 205 (a) and properly dismissed by the motion court.
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Mazzarelli, Acosta and Román, JJ.