BIGMAN v. DIME SAV. BANK OF NEW YORK


181 A.D.2d 648 (1992)

Harry Bigman et al., Appellants, v. Dime Savings Bank of New York, FSB, Respondent

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

March 2, 1992


Ordered that the order is affirmed, with costs.

Although the sanction of unconditionally striking a pleading pursuant to CPLR 3126 should not be invoked unless a party's default is shown to be deliberate and contumacious (see, Read v Dickson, 150 A.D.2d 543, 544), the record before us provides ample support for the court's application of that sanction.

The record demonstrates that the court twice issued orders...

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