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PALITZ v. MERCRUISER-MERCURY MARINE

194 A.D.2d 774 (1993)

599 N.Y.S.2d 1017

Mildren Palitz et al., Respondents, v. Mercruiser-Mercury Marine, a Division of Brunswick Corp., et al., Appellants, et al., Defendants. (And Another Title.)

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

June 28, 1993

Ordered that the order is affirmed, with one bill of costs.

It is well settled that the nature and degree of the penalty to be imposed for a refusal or failure to disclose is a matter lying within the sound discretion of the court (see, Sawh v Bridges, 120 A.D.2d 74; Berman v Szpilzinger, 180 A.D.2d 612). We perceive no improvident exercise of discretion in the...

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