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FORBES v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 5766N, 101558/06.

88 A.D.3d 546 (2011)

931 N.Y.S.2d 220

2011 NY Slip Op 7298

PATRICIA FORBES, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided October 18, 2011.

Denial of the motion was proper inasmuch as defendants' proffered excuse of "law office failure" was not credible (see Gonzalez v Praise the Lord Dental, 79 A.D.3d 550 [2010]). Defendants' pattern of noncompliance with court-ordered disclosure over a period of several years gives rise to an inference of willful and contumacious conduct that warranted the striking of the answer (...

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