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ALLSTATE INSURANCE COMPANY v. BUZIASHVILI

2446N, 603776/03

71 A.D.3d 571 (2010)

897 N.Y.S.2d 88

ALLSTATE INSURANCE COMPANY et al., Respondents, v. ALEX BUZIASHVILI, Appellant, et al., Defendants.

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

Decided March 25, 2010.

To the extent the court believed it was constrained by the doctrine of law of the case to strike defendant's answer upon his failure to comply with a prior discovery order, this was error. That doctrine does not apply to discretionary rulings such as case management decisions (Brothers v Bunkoff Gen. Contrs., 296 A.D.2d 764, 765 [2002]). Moreover, the prior order did not direct, or even suggest, that defendant's answer be stricken...

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