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COLLINS v. GUERRA

234 A.D.2d 411 (1996)

650 N.Y.S.2d 805

James J. Collins et al., Appellants-Respondents, v. Luis Guerra, Defendant and Third-Party Plaintiff-Respondent-Appellant, and Booth Memorial Medical Center, Respondent-Appellant. Mirna Tagayun, Third-Party Defendant-Respondent-Appellant

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

December 16, 1996

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiffs' contention, the Supreme Court did not err in dismissing their wrongful death claim and limiting damages for lost wages as a sanction for their failure to fully comply with discovery orders. Although the drastic sanction of striking a pleading pursuant to CPLR 3126 should not be invoked...

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