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AZZU v. SHERMAN

117 A.D.2d 768 (1986)

Joseph Azzu et al., Appellants, v. Samuel Sherman et al., Respondents. (And Another Title.)

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

February 24, 1986

Order reversed, insofar as appealed from, with costs, and defendants' motion denied.

The evidence before Special Term was insufficient for it to conclude reasonably that the plaintiffs had willfully and contumaciously failed to comply with its prior discovery order. It was therefore an abuse of discretion for Special Term to impose the sanction of preclusion for nondisclosure (see, Donner v 50 Tom Corp., 99 A.D.2d 504

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