The motion court properly exercised its discretion in accepting defendants' untimely opposition papers and in then denying plaintiff's motion to strike defendants' answer and for a default judgment. The delay in producing the discovery material in question was of relatively short duration, and despite the failure to meet the deadline imposed by the court, such conduct did not rise to the level of willful, contumacious behavior nor was the delay due to bad faith (see, First...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.