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HARRIS v. KAY

8003. 17097/06.

168 A.D.3d 419 (2019)

88 N.Y.S.3d 881

2019 NY Slip Op 00044

Fitzmore H. Harris, Appellant, v. Mitchell N. Kay et al., Respondents.

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

Decided January 3, 2019.

The court did not abuse its discretion in striking the complaint, given plaintiff's repeated, willful and contumacious refusals to provide discovery and to comply with court's orders over an approximately eight-year period (see McHugh v City of New York, 150 A.D.3d 561, 562 [1st Dept 2017]; Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219, 221-222 [1st Dept 2010]; see generally...

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