HAMILTON v. FRANCIS


268 A.D.2d 458 (2000)

701 N.Y.S.2d 918

TABITHA HAMILTON et al., Appellants, v. HUGH FRANCIS et al., Respondents, et al., Defendants.

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

Decided January 18, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improvidently exercised its discretion in granting the defendants' motion, as the plaintiffs had complied with the discovery order by the time the motion was made (see, CPLR 3126).

We reject the plaintiffs' contention, raised in their brief, that sanctions...

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