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PATTERSON v. GREATER NEW YORK CORPORATION OF SEVENTH DAY ADVENTISTS

284 A.D.2d 382 (2001)

726 N.Y.S.2d 278

NEVILLE PATTERSON, Respondent, v. GREATER NEW YORK CORPORATION OF SEVENTH DAY ADVENTISTS et al., Appellants, and CITY OF NEW YORK et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 11, 2001.

Ordered that the appeal from the order dated July 24, 2000, is dismissed, as that order was superseded by the resettled order dated October 31, 2000; and it is further,

Ordered that the resettled order dated October 31, 2000, is affirmed, with costs.

"To invoke the drastic remedy of striking a pleading, the court must determine that the party's failure to comply with a disclosure order was the result of willful, deliberate, and contumacious conduct or its...

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