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CITIBANK v. SOUTO GEFFEN CO.

198 A.D.2d 30 (1993)

603 N.Y.S.2d 122

Citibank, N.A., Respondent, v. Souto Geffen Company et al., Respondents, and 144 Bleecker Street Associates et al., Appellants 144 Bleecker Street Associates et al., Appellants, v. Souto Geffen Company et al., Respondents

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

November 4, 1993

Evidence adduced at the hearing supports the IAS Court's findings that appellants falsely stated that documents that had been ordered produced were not available, and then attempted to obtain false statements from others in an effort to conceal the original falsehood. Such "willful misbehavior" warrants the drastic sanction of dismissal (Lipin v Bender, 193 A.D.2d 424, 428). Appellants' argument that they were never properly adjudicated...

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