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RODRIGO CALLE, Appellant, v. ROBERT CHAMPEAU, INC., et al., Respondents, et al., Defendant. (And a Third-Party Action.).

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Actions should be resolved on their merits whenever possible, and the drastic remedy of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery demands was willful and contumacious ( see Jenkins v. City of New York, 13 AD3d 342; Morano v. Westchester Paving Sealing Corp., 7 AD3d 495, 496; 181 S. Franklin Assoc. v. Y R Assoc., 6 AD3d 594, 595; Traina v. Taglienti, 6 AD3d 524). Here, the Supreme Court providently exercised its discretion in determining that the drastic remedy of striking the answers of the defendants Robert Champeau, Inc., and Robert R. Champeau, was not warranted ( see Jenkins v. City of New York, supra at 343).

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CALLE v. ROBERT CHAMPEAU, INC
(Mar 21, 2005)