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CAVAL v. CITY OF NEW YORK

2011-00014.

89 A.D.3d 885 (2011)

932 N.Y.S.2d 723

2011 NY Slip Op 8317

CORRINE CAVAL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 15, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff failed to show that the defendants violated a conditional order of preclusion, that they otherwise failed to comply with the plaintiff's discovery demands, or that, if they did fail to so comply, such failure was willful or contumacious. Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion pursuant to CPLR 3126 to strike the defendants' answer (...

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