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CESPEDES v. MIKE & JAC TRUCKING CORP.

305 A.D.2d 222 (2003)

758 N.Y.S.2d 489

TOMAS CESPEDES, Appellant, v. MIKE & JAC TRUCKING CORP. et al., Respondents.

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

Decided May 15, 2003.

CPLR 3126 (3) allows a court to sanction a party that refuses to comply with disclosure orders or wilfully fails to disclose information that the court concludes should have been disclosed, including the sanction of striking that party's pleadings. While trial courts are accorded wide discretion in fashioning appropriate sanctions (Gomez v New York City Hous. Auth., 217 A.D.2d 110, 114 [1995]), striking the pleading should be restricted...

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