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AQUINO v. TAYLOR

10677N, 28282/17E.

179 A.D.3d 404 (2020)

113 N.Y.S.3d 531

2020 NY Slip Op 00036

Ruben D. Aquino, Appellant, v. Alan G. Taylor, Respondent.

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

Decided January 2, 2020.

Plaintiff failed to demonstrate that defendant's alleged failure to comply with his disclosure obligations was willful, contumacious, or in bad faith (see Perez v New York City Tr. Auth., 73 A.D.3d 529 [1st Dept 2010]). Although defendant delayed before providing discovery and the responses he owed were exchanged in response to the motion to strike, a conditional order was a proper exercise of discretion since plaintiff has not been...

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