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LOMBARDO v. ST. FRANCIS HOSPITAL REHABILITATION SERVICES

16 A.D.3d 385 (2005)

790 N.Y.S.2d 405

SUSANN LOMBARDO, Appellant, v. ST. FRANCIS HOSPITAL REHABILITATION SERVICES et al., Respondents.

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

March 7, 2005.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in striking the complaint absent a clear showing that the plaintiff's failure to comply with discovery demands was willful and contumacious (see CPLR 3126; Centerport Ins. Agency v Atlantic Fabricators of Rhode Is.,...

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