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WILBERFORCE v. BRODY TRUCK RENTAL, INC.

200 A.D.2d 390 (1994)

608 N.Y.S.2d 79

William Wilberforce, Appellant, v. Brody Truck Rental, Inc., et al., Respondents

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

January 6, 1994

The court's refusal to dismiss the answer was a proper exercise of its discretion (see, Sawh v Bridges, 120 A.D.2d 74, 77-78, appeal dismissed 69 N.Y.2d 852). There was no showing of "a deliberately evasive, misleading and uncooperative course of conduct or a determined strategy of delay that would be deserving of the most vehement condemnation" and the "drastic sanction of unconditionally...

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