VIZCAINO v. WESTERN BEEF, INC.

6663N. 301814/12.

161 A.D.3d 632 (2018)

77 N.Y.S.3d 667

2018 NY Slip Op 03752

Yolanda Vizcaino, Appellant, v. Western Beef, Inc., et al., Respondents.

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

Decided May 24, 2018.


We see no reason to disturb the motion court's exercise of discretion in declining to strike defendants' answer (see CPLR 3126 [3]). Defendants ultimately provided current contact information for the cashier who assisted plaintiff after her accident at their store, and explained their delay in providing this information as the result of a series of purported good faith mistakes. However, in view of the length of time it took and multiple discovery motions and court...

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