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TINE v. COURTVIEW OWNERS CORP.

40 A.D.3d 966 (2007)

838 N.Y.S.2d 92

CARMEN A. TINE, Appellant-Respondent, v. COURTVIEW OWNERS CORP., et al., Respondents-Appellants.

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

Decided May 22, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion and cross motion are denied.

The Supreme Court improvidently exercised its discretion in granting the defendants' cross motion pursuant to CPLR 3126 to strike the complaint absent a showing that the plaintiff's failure to comply with discovery demands was willful and contumacious (see CPLR...

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