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DIAMOND v. WWP OFF., LLC

Index No. 153632/13. Appeal No. 15286. Case No. 2021-00238.

202 A.D.3d 503 (2022)

2022 NY Slip Op 00939

Mary Diamond, Respondent, v. WWP Office, LLC, et al., Appellants.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

London Fischer LLP, New York ( Amy Kramer of counsel), for appellants.

Sacks and Sacks, LLP, New York ( Scott N. Singer of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Defendants failed to show that plaintiff willfully and contumaciously refused to comply with discovery orders which warranted striking the complaint (see CPLR 3126; see Watson v City of New York, 157 A.D.3d 510, 514 [1st Dept 2018]).

Defendants failed to show that "unusual or unanticipated circumstances" developed after the note of issue was filed that warranted additional...

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