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ROSARIO v. NEW YORK CITY HOUSING AUTHORITY

272 A.D.2d 105 (2000)

707 N.Y.S.2d 421

SERAFINA ROSARIO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 9, 2000.

While it is true that the imposition of sanctions for discovery misfeasance is a matter within the motion court's discretion (Palmenta v Columbia Univ., 266 A.D.2d 90; Gomez v New York City Hous. Auth., 217 A.D.2d 110, 114), the extreme sanction of dismissal is warranted only where a clear showing has been made that non-compliance with...

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