A.F.C. ENTERPRISES, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY


33 A.D.3d 737 (2006)

822 N.Y.S.2d 775

A.F.C. ENTERPRISES, INC., Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant.

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

Decided October 17, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

Actions should be resolved on their merits whenever possible, and the drastic remedy of the striking of a pleading should not be employed without a "clear showing that the failure to comply with discovery demands is willful, contumacious, or in bad faith" (Espinal v City of New York, 264 A.D.2d 806 [1999] [internal quotation marks omitted]; see Byrne...

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