POLSKY v. TUCKMAN

2008-04884.

85 A.D.3d 750 (2011)

924 N.Y.S.2d 830

2011 NY Slip Op 5037

SHARON CELIA POLSKY, Appellant, v. SCOTT TUCKMAN et al., Respondents.

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

Decided June 7, 2011.


Ordered that the order is reversed, on the facts and in the exercise of discretion, and the defendants' motion to strike the complaint is denied.

The defendants' motion pursuant to CPLR 3126 to strike the complaint upon the plaintiff's failure to appear at a court-ordered deposition should have been denied. A court may strike a pleading as a sanction if a plaintiff "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds...

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