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GREEN v. ROTH

79 A.D.2d 598 (1980)

Roy Green et al., Respondents, v. Michael Roth et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1980

Order reversed, without costs or disbursements, and plaintiffs' motion for summary judgment denied.

Defendants' actions in failing to comply with the discovery order were not so contumacious as to warrant the granting of summary judgment. Nor, for that matter, was the earlier conditional order of Mr. Justice Lerner self-executing. Since the spring in question has been made available for inspection, summary disposition of...

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