DASS v. DORMITORY AUTH. OF THE STATE OF N.Y.

Index No. 23921/18E. Appeal No. 969. Case No. 2023-01602.

221 A.D.3d 405 (2023)

197 N.Y.S.3d 229

2023 NY Slip Op 05536

Krishna Dass et al., Appellants, v. Dormitory Authority of the State of New York, Respondent.

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

Decided November 2, 2023.


Attorney(s) appearing for the Case

Law Office of Todd J. Krouner, P.C., Chappaqua ( Christopher W. Dennis of counsel), for appellants.

Newman Myers Kreines Harris, P.C., New York ( Matthew D. Lavoie of counsel), for respondent.

Before—Oing, J.P., Moulton, González, Shulman, JJ.


Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about January 23, 2023, which denied plaintiffs' motion to strike defendant's answer, unanimously affirmed, without costs.

The court providently exercised its discretion in denying plaintiffs' motion. Defendant Dormitory Authority of the State of New York (DASNY)'s failure to provide all the documents requested by plaintiffs was not willful and contumacious. Among other things, DASNY produced...

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