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ANAGNOSTAROS v. 81ST STREET RESIDENCE CORP.

269 A.D.2d 150 (2000)

702 N.Y.S.2d 72

PAULETTE ANAGNOSTAROS, Appellant, v. 81ST STREET RESIDENCE CORP., Defendant, and ASSOCIATED SUPERMARKETS, INC., Respondent.

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

Decided February 3, 2000.

While we are aware that the imposition of sanctions for discovery misfeasance is a matter best left to the trial court's discretion (CPLR 3126; Gomez v New York City Hous. Auth., 217 A.D.2d 110, 114; Tavarez v DeLange, 190 A.D.2d 568), we find that the IAS Court improvidently exercised its discretion in failing to consider the affidavit of plaintiff's witness. We are not convinced that plaintiff...

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