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LOMAX v. ROCHDALE VILLAGE, INC.

2010-01105

76 A.D.3d 999 (2010)

907 N.Y.S.2d 690

RENITA LOMAX, Respondent, v. ROCHDALE VILLAGE, INC., et al., Appellants.

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

Decided September 21, 2010.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiff's motion is denied.

Pursuant to CPLR 3126, "[a] court may strike an answer as a sanction if a defendant `refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed'" (Mazza v Seneca, 72 A.D.3d 754, 754 [2010], quoting CPLR 3126). While...

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