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SUFFOLK P.E.T. MANAGEMENT, LLC plf-res, v. AZAD K. ANAND, M.D. def-ap

9729N. SUFFOLK P.E.T. MANAGEMENT, LLC plf-res, v. AZAD K. ANAND, M.D. def-ap — Weber Law Group LLP, Melville (Garrett L. Gray of counsel), for ap — Storch Amini & Munves PC, New York (Steven G. Storch of counsel), for res — Order, Supreme Court, New York County (Bernard J. Fried, J.), entered July 16, 2012, which granted plaintiff's motion to confirm the report of the Special Referee recommending that defendants' answer be stricken for noncompliance with discovery orders and directives and that a default judgment be entered against defendants on liability, and referred the matter to a special referee to hear and report on the issue of damages, unanimously affirmed, without costs.

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9729N. SUFFOLK P.E.T. MANAGEMENT, LLC plf-res, v. AZAD K. ANAND, M.D. def-ap — Weber Law Group LLP, Melville (Garrett L. Gray of counsel), for ap — Storch Amini & Munves PC, New York (Steven G. Storch of counsel), for res — Order, Supreme Court, New York County (Bernard J. Fried, J.), entered July 16, 2012, which granted plaintiff’s motion to confirm the report of the Special Referee recommending that defendants’ answer be stricken for noncompliance with discovery orders and directives and that a default judgment be entered against defendants on liability, and referred the matter to a special referee to hear and report on the issue of damages, unanimously affirmed, without costs.

The motion was properly granted inasmuch as the record supports the findings that defendants engaged in willful and contumacious conduct by their failure to comply with the court’s discovery orders and directives (see CPLR 3126[3]; Jones v. Green, 34 AD3d 260 [1st Dept 2006]; Hot & Tasty Corp. v. IOB Realty, 270 AD2d 67 [1st Dept 2000]). There exists no basis to disturb the credibility determinations made by the Special Referee (see Matter of Continental Cas. Co. v. Lecei, 65 AD3d 931 [1st Dept 2009]).

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