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SHERYLL v. UNITED GENERAL CONSTRUCTION

Nos. 7807N, 101932/07, 7808N.

95 A.D.3d 780 (2012)

945 N.Y.S.2d 291

2012 NY Slip Op 4222

ANDREA SHERYLL et al., Appellants, et al., Plaintiffs, v. UNITED GENERAL CONSTRUCTION et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided May 31, 2012.

The nature of the sanction for disobedience regarding court-ordered disclosure generally lies within the discretion of the IAS court (see Emmitt v City of New York, 66 A.D.3d 504 [2009]). Moreover, since there is a strong preference that matters be decided on their merits (see Catarine v Beth Israel Med. Ctr., 290 A.D.2d 213 [2002]), we agree with the motion court that the "ultimate penalty...

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