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TUTT v. CITY OF YONKERS

11 A.D.3d 532 (2004)

782 N.Y.S.2d 851

VAN TUTT, Appellant, v. CITY OF YONKERS, Respondent.

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

October 12, 2004.

Ordered that the order is affirmed, with costs.

The defendant moved pursuant to CPLR 3126 to dismiss the complaint based on the plaintiff's repeated failure to comply with court-ordered discovery. The motion was granted upon the plaintiff's default in opposing it.

The plaintiff did not demonstrate a reasonable excuse for his failure to oppose the motion (see CPLR 5015 [a] [1]). Furthermore, the plaintiff failed to demonstrate a reasonable excuse for...

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