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WILTOS v. 1230 PARK OWNERS, INC.

1 A.D.3d 353 (2003)

766 N.Y.S.2d 575

BOGUSLAW WILTOS, Respondent, v. 1230 PARK OWNERS, INC., et al., Appellants. (And a Third-Party Action.)

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

November 3, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3126 is granted, and the complaint is dismissed.

The Supreme Court improvidently exercised its discretion in denying that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3126. The plaintiff's willful and contumacious conduct...

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