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McDonald v. Mid County Transit Mix

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 614 (N.Y. App. Div. 1991)

Opinion

June 10, 1991

Appeal from the Supreme Court, Suffolk County (Baisley, J.).


Ordered that the orders are affirmed; and it is further,

Ordered that the respondents in Action Nos. 1 and 2 are awarded costs.

Under the circumstances, the Supreme Court did not improvidently exercise its discretion in striking the defendants' answers in Action Nos. 1 and 2 based on their willful and contumacious behavior in failing to comply with the respective plaintiffs' discovery requests (Moriates v Powertest Petroleum Co., 114 A.D.2d 888; Wolfson v Nassau County Med. Center, 141 A.D.2d 815). Mangano, P.J., Kooper, Harwood and Balletta, JJ., concur.


Summaries of

McDonald v. Mid County Transit Mix

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 614 (N.Y. App. Div. 1991)
Case details for

McDonald v. Mid County Transit Mix

Case Details

Full title:MONICA McDONALD, as Administratrix of the Estate of JOSEPHINE TAMUCCIO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 1991

Citations

174 A.D.2d 614 (N.Y. App. Div. 1991)
571 N.Y.S.2d 499