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PIRRO GROUP, LLC v. ONE POINT STREET, INC.

2009-04119

71 A.D.3d 654 (2010)

896 N.Y.S.2d 152

PIRRO GROUP, LLC, Respondent, v. ONE POINT STREET, INC., Appellant, et al., Defendant.

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

Decided March 2, 2010.

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 within the discretion of the motion court (see Novick v DeRosa, 51 A.D.3d 885 [2008]; Martin v City of New York, 46 A.D.3d 635 [2007]; Bomzer v Parke-Davis, Div. of Warner Lambert Co., 

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