SCHAPIRO v. SEPLOW


300 A.D.2d 149 (2002)

751 N.Y.S.2d 848

KENNETH SCHAPIRO et al., Respondents, v. JACQUELINE SEPLOW et al., Appellants.

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

Decided December 19, 2002.


The striking of defendants' counterclaims is warranted by a record showing willful and contumacious noncompliance with their disclosure obligations concerning such counterclaims. We modify, however, to reduce the stenographer's and attorney's fees that defendants must pay plaintiffs to avoid the striking of their answer to the amount plaintiffs sought in their notice of motion. We also modify to give defendants one more opportunity to depose plaintiffs with respect to the...

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