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INTERNATIONAL BRAIN RESEARCH FOUNDATION, INC. v. CAVALIER

5650. 159685/13.

158 A.D.3d 464 (2018)

72 N.Y.S.3d 38

2018 NY Slip Op 00902

INTERNATIONAL BRAIN RESEARCH FOUNDATION, INC., Appellant, v. JOHN A. CAVALIER et al., Respondents.

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

Decided February 8, 2018.

Defendants demonstrated that, despite their repeated requests, plaintiff failed to produce responsive, relevant documents, many of which were favorable to defendants, as was discovered when they were provided to defendants by a third party. This failure to disclose is sufficient to support an inference of willfulness (see Henderson-Jones v City of New York, 87 A.D.3d 498, 504 [1st Dept...

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