KOLB v. STROGH


158 A.D.2d 15 (1990)

Kathleen M. Kolb, Respondent, v. Charles Strogh, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 11, 1990


Attorney(s) appearing for the Case

Kopff, Nardelli & Dopf (Eugene A. Ward of counsel), for appellant.

Whiteman & Gorray (Stephen G. Gorray of counsel), for respondent.

MANGANO, P. J., THOMPSON and RUBIN, JJ., concur.


BRACKEN, J.

The plaintiff violated CPLR 3012-a and the defendant responded by moving to dismiss the complaint. The Supreme Court denied the defendant's motion, holding, as a matter of discretion, that no such sanction was warranted. We affirm this ruling on the more fundamental basis that, as a matter of law, no such sanction is authorized. A procedural default may be punished only by means which are specifically...

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