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FRANK PARLAMIS, INC. v. PICCOLA PIZZA CAFé-TIMES SQUARE, INC.

259 A.D.2d 334 (1999)

687 N.Y.S.2d 39

FRANK PARLAMIS, INC., Respondent, v. PICCOLA PIZZA CAFé-TIMES SQUARE, INC., et al., Appellants, et al., Defendants.

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

Decided March 16, 1999.

Defendants-appellants' present claims, that their failure to comply with court-ordered discovery was not sufficiently willful or contumacious to warrant the striking of their answer and dismissal of their counterclaim, were not raised before Trial Term and are not properly preserved for appellate review (see, P.T. Bank Cent. Asia v Chinese Am. Bank, 229 A.D.2d 224, 229). In any event, defendants' willful and contumacious refusal...

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