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AYALA v. LINCOLN MEDICAL & MENTAL HEALTH CENTER

6846N, 14078/05, 15189/06.

92 A.D.3d 542 (2012)

938 N.Y.S.2d 437

2012 NY Slip Op 1195

BENITA AYALA, Appellant, v. LINCOLN MEDICAL & MENTAL HEALTH CENTER et al., Respondents. BENITA AYALA, Appellant, v. AVINASH JADHAV et al., Respondents.

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

Decided February 16, 2012.

Striking the answers would have been inappropriate, given the lack of a clear showing that defendants' failure to comply with discovery orders was willful, contumacious, or in bad faith (see Delgado v City of New York, 47 A.D.3d 550 [2008]). Indeed, there is evidence in the record that defendants attempted to comply with their disclosure obligations, but did not possess the requested discovery pertaining to plaintiff's total knee...

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