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PYFROM v. TISHMAN CONSTRUCTION COMPANY OF NEW YORK

270 A.D.2d 24 (2000)

704 N.Y.S.2d 810

ROLAND PYFROM, Respondent, v. TISHMAN CONSTRUCTION COMPANY OF NEW YORK et al., Appellants. (And a Third-Party Action.)

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

Decided March 2, 2000.

The motion court erred in granting plaintiff's motion to strike defendants' answer for discovery noncompliance because there was no evidence that defendants' failure to disclose was willful or contumacious (see, New v Scores Entertainment, 255 A.D.2d 108; Berman v Szpilzinger, 180 A.D.2d 612). The motion court, however, properly denied defendants' cross motion for a protective order because...

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