PICHE v. GREENPOINT SAVINGS BANK


21 A.D.3d 886 (2005)

800 N.Y.S.2d 510

FRANK PICHE et al., Appellants, v. GREENPOINT SAVINGS BANK, Also Known as GREENPOINT BANK, Defendant and Third-Party Plaintiff-Respondent. VALLEY STORAGE, INC., Third-Party Defendant-Respondent.

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

September 6, 2005.


Ordered that the judgment is reversed, on the law and as a matter of discretion, without costs or disbursements, the order dated November 25, 2003, is vacated, the motion to dismiss the complaint is denied, the complaint is reinstated, and the order dated April 8, 2003, is modified accordingly.

The record does not support the conclusion that the plaintiffs' failure to timely respond to some of the defendants' demands for disclosure was willful, contumacious, or in...

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