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PEZHMAN v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK

3902N, 402354/09.

79 A.D.3d 543 (2010)

911 N.Y.S.2d 906

ANNA PEZHMAN, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

Decided December 14, 2010.

Plaintiff failed to carry her burden of clearly demonstrating that defendants' failure to comply with disclosure obligations was willful, contumacious or in bad faith (compare Palmenta v Columbia Univ., 266 A.D.2d 90, 91 [1999], with Rodriguez v United Bronx Parents, Inc., 70 A.D.3d 492 [2010]). Plaintiff also failed to file the affirmation...

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