REED v. JASPAN


283 A.D.2d 630 (2001)

724 N.Y.S.2d 912

LAWRENCE M. REED et al., Respondents, v. JASPAN, GINSBERG, SCHLESINGER, SILVERMAN & HOFFMAN, et al., Appellants.

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

Decided May 29, 2001.


Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in denying the defendants' motion to strike the complaint pursuant to CPLR 3126 (3) based upon the plaintiffs' failure to furnish court-ordered discovery. The plaintiffs' willful and contumacious conduct can be inferred from their repeated noncompliance with court orders and the inadequate...

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