In this malpractice action, defendant failed to comply with a conditional order of the court dated May 23, 1984, directing it to furnish items of discovery within 20 days of the service of a copy of the order or have its answer stricken. Plaintiff, although maintaining that the order was "self-executing", moved pursuant to CPLR 3126 to strike the answer for failure to comply with this order. Special Term, in an order dated September 25, 1984, granted this motion and set the...
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