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YELLOW TRADING LIMITED v. FRATELLI RICATTO IMPORT & EXPORT CO., INC.

279 A.D.2d 572 (2001)

719 N.Y.S.2d 610

YELLOW TRADING LIMITED, Respondent, v. FRATELLI RICATTO IMPORT & EXPORT CO., INC., Appellant.

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

Decided January 22, 2001.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court did not err in granting the plaintiff's motion to strike its answer, pursuant to the terms of a so-ordered stipulation providing for such a remedy, after the defendant failed to timely provide agreed-to disclosure (see, CPLR 3126; cf., Sandcham Realty Corp. v Sonnenschine, 246 A.D.2d 477).

The defendant...

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