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RAKAUSKAS v. GRACE OLIVIA, LLC

29 A.D.3d 355 (2006)

813 N.Y.S.2d 657

MARK RAKAUSKAS et al., Respondents, v. GRACE OLIVIA, LLC, et al., Appellants, et al., Defendant.

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

May 9, 2006.

Defendants' noncompliance with the Special Referee's repeated directives to produce the QuickBooks data was willful and contumacious and warrants the striking of their answer (CPLR 3126). Even at the final conference with the Special Referee, at which defendants produced a CD-R for the first time, the information was contained in Excel-format summary documents, not the raw, detailed QuickBooks format they were advised was necessary. Absent a motion to vacate the instant order...

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