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DAVIDSON v. AETNA CAS. & SUR. INS. CO., INC.

237 A.D.2d 321 (1997)

655 N.Y.S.2d 446

Arthur T. Davidson, Appellant, v. Aetna Casualty and Surety Insurance Company, Inc., Respondent

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

March 10, 1997

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 for a party's failure to disclose is a determination that lies within the sound discretion of the trial court (see, Associated Mut. Ins. Co. v Dyland Tavern, 105 A.D.2d 892). In this case, the plaintiff engaged in a pattern of conduct over the years which evidenced an intent to willfully and contumaciously...

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