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MAWSON v. HISTORIC PROPERTIES LLC

30 A.D.3d 480 (2006)

817 N.Y.S.2d 364

SUSAN MAWSON et al., Appellants, v. HISTORIC PROPERTIES, LLC et al., Respondents.

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

June 13, 2006.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is denied, and the complaint and the plaintiffs' reply to the counterclaims are reinstated.

The Supreme Court improvidently exercised its discretion in striking the complaint and reply to the counterclaims absent a clear showing that the plaintiffs' failure to comply with discovery demands was willful and contumacious...

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