MITCHELL v. GRACE PLAZA OF GREAT NECK, INC.

2010-02336.

79 A.D.3d 1108 (2010)

913 N.Y.S.2d 581

BOBBY MITCHELL, Appellant, v. GRACE PLAZA OF GREAT NECK, INC., et al., Respondents.

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

Decided December 28, 2010.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with one bill of costs to the plaintiff, and the motion pursuant to CPLR 3126 to dismiss the complaint is denied.

A court may dismiss an action as a sanction if a plaintiff "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed" (CPLR 3126). However, "the drastic...

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