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SOTO v. NEW YORK CITY TRANSIT AUTHORITY

25 A.D.3d 546 (2006)

806 N.Y.S.2d 420

SANDRA SOTO et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

January 10, 2006.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiffs failed to demonstrate willful and contumacious conduct on the part of the defendant which would warrant striking the answer pursuant to CPLR 3126 (see CPLR 3126 [3]; Byrne v City of New York, 301 A.D.2d 489, 490 [2003]; Cianciolo v Trism Specialized Carriers,

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