GRISALES v. CITY OF NEW YORK


292 A.D.2d 419 (2002)

738 N.Y.S.2d 892

ELKIN GRISALES et al., Appellants, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 11, 2002.


Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the Supreme Court, and the harsh penalty of striking a pleading, or preclusion, which effectively results in the striking of a pleading, is inappropriate absent a clear showing that the failure to comply with discovery demands was willful, contumacious, or in bad faith (see, Guiliano v Carlisle...

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