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TILLMAN v. METROPOLITAN SUBURBAN BUS AUTHORITY

265 A.D.2d 545 (1999)

696 N.Y.S.2d 891

CURTIS TILLMAN, Respondent, v. METROPOLITAN SUBURBAN BUS AUTHORITY et al., Appellants.

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

Decided October 25, 1999.

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion with the court (see, Lavi v Lavi, 256 A.D.2d 602; Kubacka v Town of N. Hempstead, 240 A.D.2d 374; Herrera v City of New York, 238 A.D.2d 475). Under the circumstances of this case...

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