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MICELI v. MICELI

233 A.D.2d 372 (1996)

650 N.Y.S.2d 241

Emil Miceli, Respondent, v. Constance B. Miceli, Appellant

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

November 12, 1996

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The court improvidently exercised its discretion in restoring the action to the trial calendar inasmuch as the plaintiff failed to comply with his discovery obligations. The sanction of preclusion imposed by the court is not a satisfactory remedy in this case. Unlike a negligence action where a preclusion order may foreclose presentation...

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