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PEPSICO, INC. v. WINTERTHUR INTERNATIONAL AMERICA INSURANCE COMPANY

24 A.D.3d 742 (2005)

806 N.Y.S.2d 711

PEPSICO, INC., et al., Respondents, v. WINTERTHUR INTERNATIONAL AMERICA INSURANCE COMPANY, Appellant, et al., Defendant.

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

December 27, 2005.

Ordered that the orders dated April 19, 2004 and April 20, 2004 are affirmed; and it is further,

Ordered that the order entered August 11, 2004 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

"To invoke the drastic remedy of preclusion, the Supreme Court must determine the offending party's lack of cooperation with disclosure was willful, deliberate, and contumacious" (Assael...

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