SICHEL v. POLAK


267 A.D.2d 123 (1999)

699 N.Y.S.2d 689

FRED J. SICHEL, Respondent, v. LOUIS POLAK et al., Appellants.

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

Decided December 16, 1999.


In this action to rescind a limited partnership agreement, the IAS Court properly denied defendants' motion for renewal of plaintiff's previously granted motion to strike their answer for defendants' failure over the 23-year life of this litigation to comply with repeated orders to provide an accounting, notwithstanding allegations that defendants' counsel on the motion neglected to represent their positions adequately. Contrary to the motion court's view, however, defendants...

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