PRESCOTT v. KRAMER CHEMICALS, INC.


12 A.D.3d 585 (2004)

784 N.Y.S.2d 393

EVERSLEY PRESCOTT et al., Respondents, v. KRAMER CHEMICALS, INC., Defendant and Third-Party Plaintiff-Appellant. UNITED RESIN CORPORATION, Third-Party Defendant-Appellant.

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

November 22, 2004.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellants' contentions, they failed to demonstrate that the plaintiffs' failure to timely comply with various discovery requests and court orders was willful and contumacious. Accordingly, the Supreme Court providently exercised its discretion in refusing to dismiss the complaint for any failure to timely comply with the appellants' discovery requests and...

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