Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action is denied.
The Supreme Court improvidently exercised its discretion in striking the complaint, as there was no clear showing that the plaintiffs' failure to comply with certain discovery demands and court-ordered discovery was...
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