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BUTLER v. KNIGHTS COLLISION EXPERTS, INC.

650631/15. 1314/18. 7185. 1315/18. 1316/18. 7184. 7183.

165 A.D.3d 406 (2018)

82 N.Y.S.3d 716

2018 NY Slip Op 06474

Brett Butler et al., Respondents, v. Knights Collision Experts, Inc., et al., Appellants.

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

Decided October 2, 2018.

Plaintiffs failed to establish that defendants' conduct during discovery was willful, contumacious or in bad faith (see Lee v 13th St. Entertainment LLC, 161 A.D.3d 631 [1st Dept 2018]; Palmenta v Columbia Univ., 266 A.D.2d 90 [1st Dept 1999]). At the time the motion was made, defendants were in violation of a single court order. Moreover, the court improvidently exercised its discretion...

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