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YOON v. COSTELLO

29 A.D.3d 407 (2006)

815 N.Y.S.2d 78

MIN YOON, Respondent, v. SARA COSTELLO et al., Appellants.

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

May 18, 2006.

The sanction of striking the answer was warranted in light of defendants' repeated and persistent failure to comply with several disclosure orders (CPLR 3126). Plaintiff, as the moving party, established that defendants' failure to comply was willful and contumacious (see Reidel v Ryder TRS, Inc., 13 A.D.3d 170 [2004]; Pimental v City of New York, 246 A.D.2d 467 [1998]).

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