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CARUSO v. MALANG

234 A.D.2d 496 (1996)

651 N.Y.S.2d 186

Vincent P. Caruso, Respondent, v. Robert J. Malang, Jr., et al., Defendants, and Professional Risk Managers, Inc., Appellant

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

December 23, 1996

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

It is well settled that in order to invoke the drastic remedy of striking a pleading pursuant to CPLR 3126 for noncompliance with a court order for disclosure, the court must determine that the parties' failure to comply was the result of willful, deliberate, and contumacious conduct or its equivalent (see, Lestingi v City of New York, 209 A.D.2d 384...

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