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MENDOZA v. CITY OF NEW YORK

1685N, 115242/03

68 A.D.3d 482 (2009)

2009 NY Slip Op 9077

888 N.Y.S.2d 887

NEFTALI MENDOZA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 8, 2009.

The drastic sanction sought by plaintiff was properly denied for failure to show that defendants' delays in meeting its disclosure obligations were willful and contumacious (see Mangual v New York City Tr. Auth., 48 A.D.3d 212

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