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KAHRE-RICHARDES FAMILY FOUND., INC. v. VILL. OF BALDWINSVILLE

101 A.D.2d 690 (1984)

Kahre-Richardes Family Foundation, Inc., ET AL., Appellants, v. Village of Baldwinsville, Respondent, et al., Defendant. (Appeal No. 2.)

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

April 12, 1984

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

Memorandum:

Plaintiffs move for an order vacating the default judgment dismissing their complaint against defendant village because of plaintiffs' failure to serve answers to interrogatories in compliance with a conditional order (see CPLR 3126). Special Term properly decided to grant the motion in the exercise of its discretion inasmuch as there was no showing that plaintiffs' failure was willful...

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