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CAVALIERE v. EPISCOPAL HEALTH SERVICES
Appellate Division of the Supreme Court of New York, Second Department.
Oct 15, 2001
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DECISION ORDER
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 dismissed the complaint insofar as asserted against the respondents since the record establishes that the plaintiff willfully and contumaciously failed to comply with the respondents' discovery demands and the Supreme Court's discovery orders (see, CPLR 3126; Kihl v. Pfeffer, 94 N.Y.2d 118; Birch Hill Farm v. Reed, 272 A.D.2d 282).
SANTUCCI, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.
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