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ZAK v. MINTZ

1977, 406168/07

69 A.D.3d 454 (2010)

891 N.Y.S.2d 280

2010 NY Slip Op 207

IRINA ZAK, Appellant, v. BETTY MINTZ, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2010.

There was no evidence that defendant refused to obey an order for disclosure or wilfully failed to disclose information. Plaintiff declined the court's offer to submit interrogatories or to conduct a continued deposition of defendant. Accordingly, denial of the motion was a proper exercise of the court's discretion (Gross v Edmer Sanitary Supply Co., 201 A.D.2d 390

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