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DACEY v. HORROR CAFE, INC.

293 A.D.2d 511 (2002)

739 N.Y.S.2d 828

MICHAEL DACEY et al., Appellants, v. HORROR CAFE, INC., et al., Respondents.

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

Decided April 8, 2002.

Ordered that the order is affirmed, 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 wilfully fails to disclose information which the court finds ought to have been disclosed" is a matter within the discretion of the Supreme Court (CPLR 3126; see Zletz v Wetanson, 67 N.Y.2d 711; DeJulio v Wulf, 260 A...

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