CANO v. BLF REALTY HOLDING CORP.


243 A.D.2d 390 (1997)

663 N.Y.S.2d 202

Miguel Cano et al., Appellants, v. BLF Realty Holding Corp. et al., Respondents. Miguel Cano et al., Respondents, v. BLF Realty Holding Corp. et al., Appellants

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

October 28, 1997


Defendants' affidavits fully demonstrated plaintiffs' dilatory conduct and failure to comply with disclosure requests, and, given that history and the court's involvement in the process, which included ample opportunities for plaintiffs' compliance with the court-ordered stipulation that was to govern disclosure, the court could infer that plaintiffs' failure to disclose was willful and contumacious (see, CPLR 3126; Tleige v Troy Pediatrics,

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