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FILATAVA v. ROME REALTY GROUP LLC

7186, 7187, 106544/07.

93 A.D.3d 576 (2012)

941 N.Y.S.2d 80

2012 NY Slip Op 2261

VALIANTSINA FILATAVA et al., Respondents, v. ROME REALTY GROUP LLC, Appellant, et al., Defendants.

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

Decided March 27, 2012.

Defendant appeals from the striking of its answer as a discovery sanction pursuant to CPLR 3126. It is undisputed that defendant violated three express orders to produce documents responsive to plaintiffs' requests. More egregiously, defendant knew it had no business records of the subject premises, as it failed to retain any records when it sold the premises two months after the instant complaint was filed. Yet, it concealed this...

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