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DIAMOND v. VITUCCI

36 A.D.3d 650 (2007)

828 N.Y.S.2d 214

JOSHUA B. DIAMOND, Respondent, v. JOSEPHINE VITUCCI et al., Appellants.

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

Decided January 16, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff served the defendants with a notice for discovery and inspection on June 22, 2005. After the defendants failed to respond to the notice, the plaintiff moved pursuant to CPLR 3126 to strike the defendants' answer. By order dated September 9, 2005 the Supreme Court conditionally granted, the plaintiff's unopposed motion to strike the answer unless the defendants responded to the discovery request within 30...

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