Ordered that the order is reversed insofar as appealed from, on the facts and as an exercise of discretion, with costs, the motion is granted unconditionally, and the complaint is dismissed.
The nature and degree of the penalty to be imposed pursuant to CPLR 3126 against a party who "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed" is a matter within the discretion of the Supreme...
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