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PARISH CONSTR. CORP. v. FRANLO TILE, INC.

215 A.D.2d 545 (1995)

626 N.Y.S.2d 565

Parish Construction Corp. et al., Respondents, v. Franlo Tile, Inc., Defendant, and Joseph Locurto, Jr., Appellant

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

May 15, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3126 provides that when a party "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed * * * the court may make such orders with regard to the failure or refusal as are just." "In order to invoke the drastic remedy of a preclusion order which effectively results in the...

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