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McDONALD v. MID COUNTY TRANSIT MIX

174 A.D.2d 614 (1991)

Monica McDonald, as Administratrix of The Estate of Josephine Tamuccio, Deceased, Respondent, v. Mid County Transit Mix et al., Appellants. (Action No. 1.) (And a Third-Party Title.) Emilio Tamuccio, Respondent, v. Mid County Transit Mix et al., Appellants. (Action No. 2.)

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

June 10, 1991

Ordered that the orders are affirmed; and it is further,

Ordered that the respondents in Action Nos. 1 and 2 are awarded costs.

Under the circumstances, the Supreme Court did not improvidently exercise its discretion in striking the defendants' answers in Action Nos. 1 and 2 based on their willful and contumacious behavior in failing to comply with the respective plaintiffs' discovery requests (Moriates v Powertest Petroleum Co., 114...

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