PETERS v. PETERS

2723N, 600456/04.

146 A.D.3d 503 (2017)

2017 NY Slip Op 00138

45 N.Y.S.3d 406

FRANCES C. PETERS, Appellant, v. GEORGE CHRISTY PETERS et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.


The motion court providently exercised its discretion in denying the motion to strike defendants' answers (see generally Estate of Mojica v Harlem Riv. Park Houses, Inc., 140 A.D.3d 579 [1st Dept 2016]). Plaintiff failed to show by clear and convincing evidence that defendants' alleged misstatements were particularly egregious and characterized by lies in furtherance of a scheme designed to conceal critical matters from the court...

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