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GARFIELD v. DONE FASHION, INC

Appellate Division of the Supreme Court of New York, First Department.
May 2, 1996

The record demonstrates defendants' repeated failure to comply with court-ordered discovery coupled with inadequate excuse for such noncompliance ( see, Mills v. Ducille, 170 A.D.2d 657). We perceive no improvident exercise of discretion in the IAS Court's imposition of a monetary condition in its order of July 31, 1995.

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.