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DELGADO v. CITY OF NEW YORK

47 A.D.3d 550 (2008)

850 N.Y.S.2d 401

SANDRA DELGADO, Individually and as Mother and Natural Guardian of JUAN DELGADO and Others, Infants, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided January 29, 2008.

The drastic remedy of striking defendants' answers was properly denied for lack of a clear showing that defendants' failure to comply with the court's prior discovery orders was willful or contumacious (see CPLR 3126; see also Frye v City of New York, 228 A.D.2d 182 [1996]; Dauria v City of New York, 127 A.D.2d 459 [1987]). The record evidence demonstrates that defendant City offered...

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