IMEX DISCOVERY RES., INC. v. ALLSTATE HOSIERY MILLS, INC.


156 A.D.2d 137 (1989)

Imex Discovery Resources, Inc., Respondent, v. Allstate Hosiery Mills, Inc., Appellant

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

December 5, 1989


The court properly exercised its discretion in imposing monetary sanctions for defendant's failure to provide responses to discovery notices. Defendant's explanation that the delay was the result of its president's death three months prior to service of the discovery notice was insufficient, especially because defendant failed to avail itself of statutory remedies provided for circumstances where timely response is impossible. The court was therefore fully justified in imposing...

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