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WEXLER v. MALPESO

234 A.D.2d 149 (1996)

651 N.Y.S.2d 303

Barbara Wexler et al., Respondents, v. Pasquale Malpeso, Appellant

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

December 17, 1996

The willful and contumacious character of defendant's failure to disclose can be inferred from his protracted noncompliance with three separate orders directing disclosure, and inadequate excuses therefor (Glasburgh v Port Auth., 193 A.D.2d 441). Given this consistent pattern of noncompliance, the IAS Court properly rejected defendant's last-ditch effort to meet his disclosure obligations with belated, not fully compliant, supplemental...

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