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KAPLAN v. EMMETT

265 A.D.2d 307 (1999)

696 N.Y.S.2d 214

ALEXANDER KAPLAN et al., Appellants, v. STEVEN EMMETT et al., Respondents.

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

Decided October 4, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied the motion, inter alia, to strike the defendants' answers, as there was no clear showing that their failure to comply with discovery was willful, contumacious, or in bad faith (see, CPLR 3126). Instead, it appears that they made good-faith efforts to comply with all discovery requests (see, Garcia v First Spanish Baptist Church,<...

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