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SKURIC v. MONTEFIORE MED. CTR.-JACK D. WEILER HOSP. OF ALBERT EINSTEIN COLL. DIV.

Index No. 20166/13E. Appeal No. 15909. Case No. 2021-01909.

205 A.D.3d 495 (2022)

165 N.Y.S.3d 841

2022 NY Slip Op 03091

Fatima Skuric, Appellant, v. Montefiore Medical Center-Jack D. Weiler Hospital of Albert Einstein College Division, Respondent.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

C. Robinson & Associates, LLC, New York (W. Charles Robinson of counsel), for appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Patrick P. Mevs of counsel), for respondent.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

Contrary to plaintiff's contention that defendant's answer should be stricken for failure to provide complete and proper responses to discovery demands and to comply with discovery orders and stipulations, defendant's actions in discovery do not evince the willfulness or contumaciousness or bad faith that would warrant such a drastic remedy (see Henderson-Jones v City of New York, 87 A.D.3d 498, 504 [1st Dept 2011]). Contrary to...

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