SULLIVAN v. NIGRO


48 A.D.3d 454 (2008)

849 N.Y.S.2d 786

BRIAN SULLIVAN et al., Appellants, v. BAYDA NIGRO et al., Respondents, et al., Defendants. (And Another Title.)

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

Decided February 5, 2008.


Ordered that the order is affirmed, with costs.

Actions should be resolved on the merits wherever possible, and the nature and degree of the penalty to be imposed upon noncompliance with discovery demands is a matter of discretion with the court (see Espinal v City of New York, 264 A.D.2d 806 [1999]; Soto v City of Long Beach, 197 A.D.2d 615 [1993]; Cruzatti v St. Mary's Hosp...

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