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MICHALUK v. NEW YORK CITY HEALTH AND HOSPS. CORP.

8390. 805304/13.

169 A.D.3d 496 (2019)

94 N.Y.S.3d 47

2019 NY Slip Op 01139

Danuta Michaluk, as Administratrix of the Estate of Jan Michaluk, Deceased, et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided February 14, 2019.

The court improvidently exercised its discretion in determining that dismissal of the complaint was warranted. Defendant failed to make a clear showing that plaintiffs' failure to timely comply with their discovery obligations was wilful, contumacious or in bad faith (see Ellis v Park, 93 A.D.3d 502 [1st Dept 2012]; Cespedes v Mike & Jac Trucking Corp., 305 A.D.2d 222, 222-223 [1st Dept...

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