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Smith v. Bynum

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 626 (N.Y. App. Div. 1999)

Opinion

April 26, 1999

Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).


Ordered that the order is affirmed, without costs or disbursements.

It is well established that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith ( see, CPLR 3126; Olmoz v. Town of Fishkill, 258 A.D.2d 447; Selamaj v. City of New York, 257 A.D.2d 616). In this case, the plaintiffs failed to make such a showing.

We note that the plaintiffs have failed to establish their entitlement to disclosure of post-accident repairs ( see, Watson v. FHE Servs., 257 A.D.2d 618).

O'Brien, J. P., Thompson, Krausman and Luciano, JJ., concur.


Summaries of

Smith v. Bynum

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 626 (N.Y. App. Div. 1999)
Case details for

Smith v. Bynum

Case Details

Full title:DAWN M. SMITH et al., Appellants, v. JAMES L. BYNUM et al., Respondents

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

Date published: Apr 26, 1999

Citations

260 A.D.2d 626 (N.Y. App. Div. 1999)
687 N.Y.S.2d 272

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