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BACH v. CITY OF NEW YORK

304 A.D.2d 686 (2003)

757 N.Y.S.2d 759

VIRGINIA BACH et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided April 21, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs' motion to strike the answer of the defendants City of New York and New York City Police Department (hereinafter collectively referred to as the City) for the City's failure to comply with discovery demands (see CPLR 3126 [3]). Actions should be resolved on their merits whenever possible, and the drastic remedy...

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