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TOA CONSTRUCTION CO., INC. v. TSITSIRES

4 A.D.3d 141 (2004)

772 N.Y.S.2d 24

TOA CONSTRUCTION CO., INC., Appellant, v. MICHAEL TSITSIRES, Respondent.

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

February 10, 2004.

The court properly conditioned the striking of respondent's affirmative defense of mental disability on his production of medical records pursuant to petitioner's discovery demands. Although respondent delayed in producing these documents, his conduct was not willful or contumacious, and did not merit the drastic sanction of striking his answer unconditionally (Frye v City of New York, 228 A.D.2d 182 [1996]).

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