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Netti v. Auburn Enlarged City Sch. Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2003
309 A.D.2d 1143 (N.Y. App. Div. 2003)

Opinion

CA 03-00423

October 2, 2003.

Appeal from that part of an order of Supreme Court, Cayuga County (Corning, J.), entered October 18, 2002, that denied plaintiffs' motion to strike defendant's answer.

WILLIAM D. FIREMAN, P.C., NEW YORK (WILLIAM D. FIREMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

THE LAW FIRM OF FRANK W. MILLER, EAST SYRACUSE (FRANK W. MILLER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion to strike defendant's answer for failure to comply with the court's prior order directing discovery. "[T]he harsh remedy of striking an answer should be granted only where it is conclusively shown that the discovery default was deliberate or contumacious" ( Gadley v. U.S. Sugar Co., 259 A.D.2d 1041, 1042; see Sloniger v. Niagara Mohawk Power Corp., 306 A.D.2d 842). Plaintiffs failed to make such a conclusive showing.


Summaries of

Netti v. Auburn Enlarged City Sch. Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2003
309 A.D.2d 1143 (N.Y. App. Div. 2003)
Case details for

Netti v. Auburn Enlarged City Sch. Dist

Case Details

Full title:BRYAN T. NETTI, AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, DEBORAH L…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 2, 2003

Citations

309 A.D.2d 1143 (N.Y. App. Div. 2003)
764 N.Y.S.2d 886

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