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NICOLIA READY MIX, INC. v. FERNANDES

37 A.D.3d 568 (2007)

829 N.Y.S.2d 704

NICOLIA READY MIX, INC., Respondent, v. AUGUSTO FERNANDES, Appellant.

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

Decided February 13, 2007.

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

A court is authorized to strike the pleadings of a party who "refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed" (CPLR 3126 [3]). Striking a pleading is appropriate where a party's conduct in resisting disclosure is shown to be willful and contumacious (see Mendez...

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