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KIM v. GOLDMINE REALTY, INC.

2009-05786

73 A.D.3d 709 (2010)

901 N.Y.S.2d 89

KYUNG Soo KIM et al., Appellants, v. GOLDMINE REALTY, INC., et al., Respondents.

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

Decided May 4, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The drastic remedy of dismissing a complaint based on the plaintiffs' failure to comply with court-ordered disclosure should be granted only where there is a clear showing that the plaintiffs' conduct was willful and contumacious (see Hutchinson v Langer, 71 A.D.3d 735 [2010]; Brown v Astoria Fed. Sav., 51 A.D.3d 961, 962 [2008];

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