Ellis v. Park

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered November 24, 2010, which granted defendants’ motions to dismiss the complaint pursuant to CPLR 3126, unanimously reversed, on the law and facts, without costs, and the motions denied.

Dismissal of the complaint was an improvident exercise of *503discretion, since defendants failed to “show[ ] conclusively that [plaintiffs] failure to disclose was wilful, contumacious or in bad faith” (Christian v City of New York, 269 AD2d 135, 137 [2000]; see also Mateo v T & H Enters., 60 AD 3d 411 [2009]). Contrary to the motion court’s…