AUSTIN v. COIN DEVICES CORP.


234 A.D.2d 155 (1996)

651 N.Y.S.2d 33

William Austin et al., Respondents, v. Coin Devices Corp. et al., Appellants

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

December 17, 1996


Defendants' failure to advise the court and plaintiffs any time prior to the motion to strike of the routine destruction of documents they had been ordered to produce, or to proffer any excuse for their failure to comply with the court-ordered discovery, indicates willful, contumacious and evasive conduct with respect to plaintiffs' discovery rights (Anteri v NRS Constr. Corp., 117 A.D.2d 696, 698). This was aggravated by the circumstances...

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