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DUBINSKY v. RYKOWSKY

232 A.D.2d 447 (1996)

648 N.Y.S.2d 335

Morris Dubinsky, as Executor of Gertrude Dubinsky, Deceased, et al., Respondents, v. Andrew E. Rykowsky et al., Defendants, and County of Nassau, Appellant

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

October 15, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the court did not improvidently exercise its discretion by granting that branch of the plaintiffs' motion which was to strike the County's answer upon a condition which afforded the County one additional opportunity to comply with the plaintiffs' outstanding demands (see, Gamble v Anlynne, Inc., 199 A.D.2d 303

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