BURGOS v. MAKOC


289 A.D.2d 437 (2001)

735 N.Y.S.2d 408

NICO BURGOS et al., Respondents, v. MARK MAKOC, Appellant.

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

Decided December 24, 2001.


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

Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in directing a further deposition of the defendant as to the efforts he undertook to locate certain records (see, CPLR 3101 [a]). Moreover, under the circumstances of this case, the imposition of a monetary sanction was appropriate (cf., Smith v New York Tel. Co., 235...

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