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PERCIVAL MABEY, ET AL., plaintiffs-respondents, v. WINTHROP UNIVERSITY HOSPITAL, defendant-respondent, PHILIPS MEDICAL SYSTEMS NORTH AMERICA, INC., appellant, ET AL., defendants.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly found that Winthrop University Hospital (hereinafter Winthrop) was not guilty of willful and contumacious conduct in responding to the discovery notice or the interrogatories. Thus, the appellant's motion, inter alia, to strike Winthrop's answer was properly denied (see Bettan v. Geico Gen. Ins. Co., 296 A.D.2d 469, lv denied 296 N.Y.2d 469 [Dec. 12, 2002]; Faith v. Boston Old Colony Ins. Co., 76 A.D.2d 900).

ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.

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MABEY v. WINTHROP UNIVERSITY HOSPITAL
(Feb 4, 2003)