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MERCHANTS T & F, INC. v. FISHER

11 A.D.3d 277 (2004)

782 N.Y.S.2d 909

MERCHANTS T & F, INC., Appellant, v. IVAN FISHER et al., Defendants, and KASE & DRUKER, Respondent.

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

October 12, 2004.

The sanction of preclusion imposed by the motion court pursuant to CPLR 3126 was warranted in light of plaintiff's repeated and persistent failure to comply with court-ordered discovery. Although plaintiff after inordinate delay eventually purported to comply with defendant's discovery demands, its responses were not in accord with CPLR requirements and were for the most part incomprehensible...

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