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MATEO v. T & H ENTERPRISES

60 A.D.3d 411 (2009)

874 N.Y.S.2d 88

JAIME MATEO et al., Respondents, v. T & H ENTERPRISES et al., Appellants.

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

Decided March 3, 2009.

Dismissal is the most drastic sanction contemplated by the CPLR for failure to comply with discovery and should be imposed only when the conduct of the offending party was willful, contumacious, or in bad faith (see Palacios v New York City Tr. Auth., 50 A.D.3d 520 [2008]; Cespedes v Mike & Jac Trucking Corp., 305 A.D.2d 222 [2003]; Tsai v Hernandez, 284 A.D.2d...

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