Court Won't Set Aside Dismissal Based on Worker's Failure to Participate in Discovery

A New York appellate court upheld the dismissal of a worker’s Labor Law claim based on his repeated refusals to respond to discovery demands and his attorney’s decision not to oppose the motion to strike his complaint. Case: Soto v. Chelsea W26, No. 2017-09267, 11/28/2018, published. Facts and Procedural History: Missael Soto filed a Labor Law claim against various defendants in February 2015. In April 2015, the defendants served Soto’s attorney with an answer and various discovery demands. In November 2015, a trial court judge ordered Soto to serve the defendants with a ...