BAKO v. V. T. TRUCKING CO.


143 A.D.2d 561 (1988)

Johnny Bako, Respondent, v. V. T. Trucking Co., Appellant and Third-Party Plaintiff, et al., Third-Party Defendant

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

October 6, 1988


Although the record indicates that appellant's counsel was less than diligent in meeting court deadlines, these derelictions did not warrant imposition of the severe sanction of striking appellant's answer. The papers submitted by respondent in support of its motion to strike acknowledged that appellant's failure to timely pay the $500 sanction imposed by the court was probably due to law office failure and not to any willful or...

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