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ARTS4ALL, LTD. v. HANCOCK

54 A.D.3d 286 (2008)

ARTS4ALL, LTD., et al., Respondents-Appellants, v. JUDITH L. HANCOCK, Appellant-Respondent, and Counterclaim Plaintiff-Appellant-Respondent. DANIEL Y.C. NG et al., Additional Counterclaim Defendants, and PETER OSGOOD, Additional Counterclaim Defendant-Respondent-Appellant.

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

August 26, 2008.

Supreme Court providently exercised its discretion to strike the pleadings (CPLR 3126 [3]). The parties have offered no excuse for their repeated noncompliance with the court's disclosure orders, and their conduct throughout the course of this litigation has been "dilatory, evasive, obstructive and ultimately contumacious" (Henry Rosenfeld, Inc. v Bower & Gardner, 161 A.D.2d 374, 374 [1990]). It is a "court's prerogative to control...

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