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DQS CONSTRUCTION & FLINTLOCK CONSTRUCTION, INC. v. UTICA NATIONAL INSURANCE GROUP

300 A.D.2d 197 (2002)

750 N.Y.S.2d 868

DQS CONSTRUCTION & FLINTLOCK CONSTRUCTION, INC., et al., Respondents, v. UTICA NATIONAL INSURANCE GROUP et al., Defendants, and HOGG ROBINSON OF NEW YORK, INC., Appellant.

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

Decided December 24, 2002.

In the absence of any showing that plaintiffs had been willfully noncompliant with their disclosure obligations, the motion court properly exercised its discretion in denying defendant-appellant's motion to sanction plaintiffs pursuant to CPLR 3126 by dismissing the complaint or, alternatively, precluding plaintiffs from offering evidence on damages (see Adzhiashvili v Joy-Lud Distribs., Intl., 283 A.D.2d...

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