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PARKINSON v. FEDEX CORPORATION

158263/15. 11623NA. 11623N.

184 A.D.3d 433 (2020)

125 N.Y.S.3d 88

2020 NY Slip Op 03202

Mark Parkinson, Appellant, v. Fedex Corporation et al., Respondents.

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

Decided June 4, 2020.

The court providently exercised its discretion in denying plaintiff's motion to strike, as the record does not show that defendants' noncompliance with the court's eight prior discovery orders was willful, contumacious or due to bad faith (see Lee v 13th St. Entertainment LLC, 161 A.D.3d 631 [1st Dept 2018]; Ayala v Lincoln Med. & Mental Health Ctr., 92 A.D.3d 542

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