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MacDONALD v. LEIF

2011-02140

89 A.D.3d 995 (2011)

933 N.Y.S.2d 363

2011 NY Slip Op 8568

SCOTT MacDONALD, Appellant, v. JACK LEIF, Respondent.

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

Decided November 22, 2011.

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. A determination to impose sanctions for conduct which frustrates the disclosure scheme of the CPLR should not be disturbed absent an improvident exercise of discretion" (Duncan v Hebb, 47 A.D.3d 871...

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