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KENNEDY v. CLASS

292 A.D.2d 503 (2002)

739 N.Y.S.2d 293

CLAUDETTE KENNEDY et al., Respondents, v. JUAN CLASS, Appellant, et al., Defendants.

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

Decided March 18, 2002.

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

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 willfully fails to disclose information which the court finds ought to have been disclosed is a matter within the discretion of the court (see, CPLR 3126; Zletz v Wetanson, 67 N.Y.2d 711; Nowak v Veira,

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