GREEN v. MOHAMED


275 A.D.2d 599 (2000)

712 N.Y.S.2d 861

PERSAL GREEN et al., Respondents, v. ALLY MOHAMED et al., Appellants.

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

Decided September 7, 2000.


Under the present circumstances, and in light of our strong policy favoring resolution of disputes on their merits, the lack of prejudice to plaintiffs, the relatively short delay in bringing the underlying motion, and the absence of willful or contumacious conduct on the part of defendants, it was an improvident exercise of discretion to strike defendants' answer (see, Quality Jewelry Co. v Marcovici, 247 A.D.2d 280, 281; Matter...

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