LIMONES v. CITY OF NEW YORK


256 A.D.2d 54 (1998)

680 N.Y.S.2d 529

EDISON LIMONES et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided December 3, 1998.


Given defendant's compliance, albeit belated, with the preliminary conference order, which largely incorporated plaintiffs' notice of discovery, it cannot be said that defendant's failure to comply with plaintiffs' discovery demands was willful and contumacious so as to warrant the drastic relief sought by plaintiffs...

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