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SMILOVICH v. ROTTENSTEIN

266 A.D.2d 372 (1999)

697 N.Y.S.2d 521

DORIS SMILOVICH et al., Respondents, v. SAMUEL ROTTENSTEIN et al., Appellants.

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

Decided November 15, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment or to dismiss the complaint pursuant to CPLR 3126 for willfully failing to disclose information which should have been disclosed. Since the defendants were not prejudiced by the plaintiffs' failure to disclose, dismissal of the complaint—one of the most severe remedies that may be imposed upon a plaintiff (see, Lipin v Bender,

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