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RODRIGUEZ v. TIWARI

265 A.D.2d 247 (1999)

697 N.Y.S.2d 24

VICTOR RODRIGUEZ et al., Respondents, v. GAITREE TIWARI et al., Appellants.

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

Decided October 26, 1999.

Since there is no record support for defendants' claim that plaintiffs' discovery defaults were willful or contumacious, and since plaintiffs' compliance with discovery demands, albeit delayed, was substantial, the court appropriately exercised its discretion in affording plaintiffs a "second chance" (see, Hanson v City of New York, 227 A.D.2d 217). The court also appropriately...

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