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PAYNE v. ROUSE CORPORATION

269 A.D.2d 510 (2000)

704 N.Y.S.2d 484

ALFRED PAYNE et al., Respondents, v. ROUSE CORPORATION et al., Appellants.

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

Decided February 22, 2000.

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

The striking of a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure is a drastic remedy and a motion to strike should be granted only where the conduct of the nonmoving party is shown to be willful, contumacious, or in bad faith. The Supreme Court properly declined to strike the complaint, finding that the plaintiffs...

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