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FELLIN v. SAHGAL

268 A.D.2d 456 (2000)

702 N.Y.S.2d 338

ROSA FELLIN et al., Appellants, v. VIVEK S. SAHGAL et al., Respondents.

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

Decided January 18, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The nature and degree of the penalty to be imposed for failing to disclose is within the discretion of the court (see, Garnett v Hudson Rent A Car, 258 A.D.2d 559; Soto v City of Long Beach, 197 A.D.2d 615). The drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to...

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