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FRYE v. CITY OF NEW YORK

228 A.D.2d 182 (1996)

643 N.Y.S.2d 90

Alfred N. Frye, Jr., Appellant, v. City of New York et al., Respondents

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

June 6, 1996

The IAS Court did not improvidently exercise its discretion in declining to strike defendants' answer pursuant to CPLR 3126 for noncompliance with prior disclosure orders inasmuch as plaintiff failed to establish that defendants' failure to appear at court-ordered examinations before trial was willful or contumacious, and since defendants offered a reasonable excuse for their good-faith, albeit belated, efforts to comply (Rossi v Lin, 189 A.D.2d 868...

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