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CARNEGIE ASSOCIATES LTD. v. MILLER

600109/08, 5580A, 5580

90 A.D.3d 442 (2011)

933 N.Y.S.2d 675

2011 NY Slip Op 8812

CARNEGIE ASSOCIATES LTD., Appellant, v. ERIC J. MILLER et al., Respondents/Counterclaim Plaintiffs-Respondents. CAREGIE ASSOCIATES LTD. et al., Counterclaim Defendants-Appellants.

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

Decided December 8, 2011.

The motion court erred in striking the complaint and reply to defendants' counterclaims since neither CPLR 3126 nor 22 NYCRR 202.26 (e) authorizes this sanction under the circumstances. While CPLR 3126 authorizes the striking of a party's pleadings, this extreme sanction is only authorized when a party "refuses to obey an order for disclosure or willfully refuses to disclose information which the court finds ought to have been disclosed" (CPLR 3126 [emphasis...

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