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YONA v. BETH ISRAEL MEDICAL CENTER

285 A.D.2d 460 (2001)

726 N.Y.S.2d 732

SALLY YONA et al., Appellants, v. BETH ISRAEL MEDICAL CENTER et al., Respondents.

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

Decided July 2, 2001.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Pursuant to CPLR 3126 (b) (3), the Supreme Court possesses the discretion, inter alia, to dismiss an action as a sanction for willful discovery defaults. "While the nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter of the Supreme Court's discretion * * * striking a

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