NEW v. SCORES ENTM'T, INC.


255 A.D.2d 108 (1998)

679 N.Y.S.2d 382

John New, Respondent, v. Scores Entertainment, Inc., Appellant

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

November 5, 1998


It is well established that "in furtherance of the policy of favoring the resolution of actions on the merits, the extreme sanction of dismissal is warranted only where a clear showing has been made that the noncompliance with a discovery order was willful, contumacious or due to bad faith" (Corner Realty 30/7 v Bernstein Mgt. Corp., 249 A.D.2d 191, 193; see also, Rich & Rich Trading Co. v Theodore, Ltd.,

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