Krause v. Lobacz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In two related actions, inter alia, to recover damages for intentional infliction of emotional distress and prima facie tort, which were joined for trial, the plaintiffs in action No. 2 appeal from an order of the Supreme Court, Suffolk County (Spinner, J.), entered March 25, 2014, which granted that branch of the motion of the defendants in action No. 2 which was, in effect, pursuant to CPLR 3126 to dismiss the complaint in that action for failure to comply with discovery demands.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the motion of…
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