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LYNN REALTY CORP. v. UNGER

211 A.D.2d 465 (1995)

621 N.Y.S.2d 863

Lynn Realty Corp., Respondent, v. Steven Unger et al., Appellants

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

January 12, 1995

Defendants completely ignored interrogatories properly served on them for more than a year, despite several requests by plaintiff and an order of the IAS Court to respond within 30 days or suffer dismissal of the counterclaims. Under the circumstances, it was not an improvident exercise of discretion for the court to strike the counterclaims upon plaintiff's motion (Sony Corp. v Savemart, Inc., 59 A.D.2d 676

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