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LERNER v. KNOT

201 A.D.2d 466 (1994)

609 N.Y.S.2d 791

Leonore Lerner et al., Respondents, v. Gordian Knot, Appellant, et al., Defendants

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

February 7, 1994

Ordered that the order is reversed, on the facts, with costs, the motion is denied, and the answer of the defendant Gordian Knot is reinstated.

In determining whether to impose the severe penalty of striking a party's answer, the court must determine whether the evidence clearly shows that the party's conduct was willful (see, Valmar Enters. v Rutigliano, 134 A.D.2d 250)...

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