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BOMZER v. PARKE-DAVIS, DIVISION OF WARNER LAMBERT COMPANY

41 A.D.3d 522 (2007)

839 N.Y.S.2d 110

WILLIAM BOMZER, Appellant, v. PARKE-DAVIS, DIVISION OF WARNER LAMBERT COMPANY et al., Respondents.

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

Decided June 12, 2007.

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

The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion with the motion court (see Maiorino v City of New York, 39 A.D.3d 601 [2007]; Soto v City of Long Beach, 197 A.D.2d 615 [1993]). However, the drastic remedy of striking a pleading pursuant to CPLR...

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