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SMITH v. JACOBS

177 A.D.2d 430 (1991)

Robert H. Smith et al., Appellants, v. Elaine Jacobs et al., Respondents

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

November 21, 1991

IAS ordered that defendants' tax records, twice ordered to be produced, be turned over within two weeks. When defendants failed to do so, IAS struck their answer and granted judgment against them. However, several months later, IAS vacated this judgment finding that defendants' failure to turn over the tax returns was not part of a course of generally obstructive conduct but was due to concern that plaintiffs would not keep the...

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