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DUNCAN v. HEBB

47 A.D.3d 871 (2008)

850 N.Y.S.2d 610

THOMAS DUNCAN et al., Respondents, v. CAROLE A. HEBB, Appellant.

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

Decided January 29, 2008.

Ordered that the order is affirmed, with costs.

"Generally, the nature and degree of the penalty to be imposed pursuant to CPLR 3126 against a party who refuses to comply with court-ordered discovery is a matter within the discretion of the court" (Green v Green, 32 A.D.3d 898, 899 [2006] [internal quotation marks omitted]). A determination to impose sanctions for conduct which frustrates the disclosure scheme of the CPLR...

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