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PELLEGRINO v. SALZBERG

270 A.D.2d 470 (2000)

705 N.Y.S.2d 293

WENDY PELLEGRINO et al., Appellants, v. CHARLES A. SALZBERG et al., Respondents.

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

Decided March 27, 2000.

Ordered that the order is affirmed, with costs.

By order dated April 21, 1999, the Supreme Court sua sponte dismissed the complaint pursuant to CPLR 3126 (3) upon the plaintiffs' failure to comply with orders directing disclosure. In view of the plaintiffs' conduct, the Supreme Court providently exercised its discretion in denying the plaintiffs' motion to vacate that order (see, Cauley v Long Is. R. R. Co., 234 A.D.2d 252

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