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HARRIS v. EVANS

186 A.D.2d 454 (1992)

Duane Harris, Respondent, v. Thomas Evans, Appellant

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

October 20, 1992

We find that the IAS Court did not abuse its discretion in conditionally granting the order of preclusion upon payment of a monetary sanction by plaintiff's counsel where the plaintiff's approximately three week delay in timely complying with the conditional order of preclusion was implicitly found by the court to be neither willful, deliberate or contumacious (see, Scanlon v Rhodes School, 76 A.D...

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