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UMANS v. TOMFAR TRANSPORTATION, INC.

9 A.D.3d 405 (2004)

779 N.Y.S.2d 361

JOANNE UMANS, Appellant, v. TOMFAR TRANSPORTATION, INC., Also Known as LAID LAW TRANSPORTATION, INC., et al., Respondents.

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

July 12, 2004.

The Supreme Court providently exercised its discretion in determining that the defendants' conduct during disclosure did not constitute willful or contumacious noncompliance warranting the imposition of a sanction pursuant to CPLR 3126 (see Mylonas v Town of Brookhaven, 305 A.D.2d 561 [2003]; Marro v St. Vincent's Hosp. & Med. Ctr. of N.Y., 294 A.D.2d 341

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