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AVILES v. SAN RAFAEL COOPERATIVA DE AHORRO Y CREDITO

7 A.D.3d 431 (2004)

776 N.Y.S.2d 486

ALFREDO C. AVILES, Respondent, v. SAN RAFAEL COOPERATIVA DE AHORRO Y CREDITO, Appellant.

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

May 20, 2004.

Defendant's failure to appear at the compliance conference was part of a persistent pattern of deliberate noncompliance with discovery obligations warranting the striking of its answer (see Dweck Law Firm v Mann, 2 A.D.3d 188 [2003]). Although the motion court incorrectly deemed defendant's motion to renew as one for reargument, we nonetheless affirm because of defendant's failure to explain why the newly tendered affidavit was not...

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