FAPPIANO v. CITY OF NEW YORK


241 A.D.2d 509 (1997)

661 N.Y.S.2d 529

Frank L. Fappiano et al., Respondents, v. City of New York et al., Appellants, et al., Defendants

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

July 21, 1997


Ordered that the order is affirmed, with costs.

Considering all of the circumstances surrounding the appellants' inordinate procrastination in making full pretrial disclosure, including their noncompliance with multiple prior orders, we conclude that the order striking the appellants' answer (CPLR 3126 [3]) was properly made on the exercise of the "broad discretion of the trial court" (Zletz v Wetanson,

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