The drastic sanction sought by plaintiff was properly denied for failure to show that defendants’ delays in meeting its disclosure obligations were willful and contumacious (see Mangual v New York City Tr. Auth., 48 AD3d 212 [2008]). Concur — Tom, J.P., Nardelli, Renwick and Freedman, JJ.
Mendoza v. City of New York
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2009-12-08
Citations: 68 A.D.3d 482, 888 N.Y.2d 887
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