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SUAZO-ALVAREZ v. NORDLAW, LLC

48 A.D.3d 670 (2008)

850 N.Y.S.2d 906

JOSE ANTONIO SUAZO-ALVAREZ et al., Respondents, v. NORDLAW, LLC, et al., Defendants, and RENEWAL ARTS CONTRACTING AND ENVIRONMENTAL CORP. et al., Appellants.

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

Decided February 19, 2008.

Ordered that the order is affirmed, with costs.

It is well settled that the nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the trial court (see CPLR 3126 [3]; Kihl v Pfeffer, 94 N.Y.2d 118, 122-123 [1999]; Rowell v Joyce, 10 A.D.3d 601 [2004]; My Carpet, Inc. v Bruce Supply Corp., 8 A.D.3d 248...

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