Plaintiff submitted an affidavit of merit as to his own action and defenses against defendant's counterclaims. In addition, plaintiff's failure to answer interrogatories served upon him, while various motions for summary judgment were pending, was not willful or contumacious. It appears that plaintiff did not serve answers while an appeal was pending on advice of counsel, in anticipation of a stay being granted by the Appellate Division. Shortly after this court denied interim...
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