PONTAS RENOVATION, INC. v. KITANO ARMS CORP.


224 A.D.2d 349 (1996)

638 N.Y.S.2d 64

Pontas Renovation, Inc., Appellant, v. Kitano Arms Corporation, Respondent, et al., Defendants

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

February 27, 1996


Plaintiff's corporate general ledger is relevant, and the order that plaintiff disclose it was a proper exercise of discretion. Plaintiff's counsel candidly stated that plaintiff was refusing to produce the ledger because it had unilaterally determined that it was immaterial. There was, therefore, willful non-compliance with a prior court order directing disclosure, justifying the sanction of dismissal (see, Zletz v Wetanson...

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