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TOS v. JACKSON HEIGHTS CARE CENTER, LLC

2011-01291

91 A.D.3d 943 (2012)

937 N.Y.S.2d 629

2012 NY Slip Op 776

DELIA TOS, Appellant, v. JACKSON HEIGHTS CARE CENTER, LLC, Respondent.

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

Decided January 31, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the defendant's motion, in effect, pursuant to CPLR 3126 to strike the complaint (see Kihl v Pfeffer, 94 N.Y.2d 118, 122-123 [1999]). A court may strike a pleading as a sanction if a party "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to...

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