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VACA v. VILLAGE VIEW HOUSING CORP.

2439N, 114747/09.

145 A.D.3d 504 (2016)

2016 NY Slip Op 08315

43 N.Y.S.3d 42

ROBIN B. VACA, Appellant, v. VILLAGE VIEW HOUSING CORPORATION et al., Respondents-Appellants. (And a Third-Party Action.)

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

Decided December 8, 2016.

The motion court providently exercised its discretion in issuing a conditional order striking the answer after defendants failed to comply with numerous orders directing them to provide discovery or an affidavit stating that a search had been conducted and the documents did not exist (see Jackson v City of New York, 185 A.D.2d 768 [1st Dept 1992]). An order striking the answer without giving defendants another opportunity to "cure...

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