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McMAHON v. THE COBBLESTONE LOFTS CONDOMINIUM

16504N, 151136/14.

134 A.D.3d 646 (2015)

22 N.Y.S.3d 50

2015 NY Slip Op 09630

SHANE McMAHON et al., Appellants, v. THE COBBLESTONE LOFTS CONDOMINIUM et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided December 29, 2015.

The motion court properly denied plaintiffs' motion to strike defendants' answer, since plaintiffs did not show that defendants' discovery violations, including their failure to fully comply with the court's preliminary conference order, were willful, contumacious, or in bad faith (see Pezhman v Department of Educ. of the City of N.Y., 95 A.D.3d 625, 625-626 [1st Dept 2012]). Nor have plaintiffs shown that defendants refused to allow...

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