MARKS v. VIGO


303 A.D.2d 306 (2003)

756 N.Y.S.2d 568

FRANCES MARKS, Appellant, v. DAVID VIGO et al., Respondents.

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

Decided March 25, 2003.


In view of the strong preference in our law that actions be decided on their merits (see e.g. Postel v New York Univ. Hosp., 262 A.D.2d 40, 42 [1999]; Colucci v Jennifer Convertibles, 283 A.D.2d 224 [2001]), a court should not resort to the drastic remedy of striking a pleading for failure to comply with discovery directives unless the noncompliance...

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