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DEPO v. MARINE MIDLAND BANK

79 A.D.2d 846 (1980)

Robert Depo et al., Respondents, v. Marine Midland Bank, Appellant

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

December 12, 1980

Order unanimously reversed, with costs, motion granted and complaint dismissed.

Memorandum:

We have held that a party seeking to excuse noncompliance with a preclusion order must meet a "heavy burden" of explanation (Call v Smith, 34 A.D.2d 1092). Plaintiffs in this case have failed to satisfy that standard and Special Term should not have excused their failure to submit timely answers to defendant's interrogatories...

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