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LAMANNA v. WING YUEN REALTY, INC.

256 A.D.2d 80 (1998)

681 N.Y.S.2d 256

FRANK LAMANNA, Appellant, v. WING YUEN REALTY, INC., Respondent.

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

Decided December 8, 1998.

The motion court did not improvidently exercise its discretion (see, Lasidi, S. A. v Financiera Avenida, 73 N.Y.2d 947, 950) in determining that defendant's conduct was not so blatantly contumacious as to warrant the ultimate sanction of striking defendant's answer (see, Spancrete Northeast v Travelers Indem. Co., 99 A.D.2d 623, 624). Nor did the court err in denying the motion for summary...

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