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GRADAILLE v. CITY OF NEW YORK

52 A.D.3d 279 (2008)

___ N.Y.S.2d ___

MARIO GRADAILLE, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 10, 2008.

The motion court did not improvidently exercise its discretion in vacating the order striking the City's answer and imposing a monetary sanction in its place after the City demonstrated that its earlier production of the wrong records was not willful and contumacious and that it had belatedly complied with all its discovery obligations (see Postel v New York Univ. Hosp., 262 A.D.2d 40,...

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