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BARTH v. CITY OF NEW YORK

294 A.D.2d 386 (2002)

741 N.Y.S.2d 735

CHRISTIAN BARTH, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY BOARD OF EDUCATION et al., Respondents. (And a Third-Party Action.)

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

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that "the determination whether or not to strike a pleading lies within the sound discretion of the court" (Ploski v Riverwood Owners Corp., 284 A.D.2d 316, 317). However, "[w]henever possible, actions should be resolved on the merits" (Mohammed v 919 Park Place Owners Corp., 245 A.D.2d 351...

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