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QUICENO v. 101 PARK AVENUE ASSOCIATES

272 A.D.2d 107 (2000)

707 N.Y.S.2d 175

ELVER QUICENO, Respondent, v. 101 PARK AVENUE ASSOCIATES et al., Appellants. (And a Third-Party Action.)

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

Decided May 9, 2000.

Although plaintiff's seemingly false statements about his prior medical history are not condoned, their ultimate effect was to delay defendants' discovery of the facts regarding such history. Given that any false statements may be used to impeach plaintiff's credibility and absent any apparent prejudice to defendants, the IAS Court's refusal to sanction plaintiff pursuant to CPLR 3126, by dismissing the complaint, was not an improvident...

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