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ANDERSON v. ARIEL SERVICES, INC.

7115, 7115A, 114690/07, M-876.

93 A.D.3d 525 (2012)

941 N.Y.S.2d 40

2012 NY Slip Op 2038

GLADIS ANDERSON, Respondent, v. ARIEL SERVICES, INC., et al., Appellants.

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

Decided March 20, 2012.

The motion court did not improvidently exercise its discretion in denying defendants' motions to the extent that they sought dismissal and/or preclusion (see CPLR 3126; see also Gross v Edmer Sanitary Supply Co., 201 A.D.2d 390, 391 [1994]). Preclusion is not warranted since the record reflects that defendants themselves did not comply timely with the first preclusion order (see e.g. DaimlerChrysler Ins. Co. v Seck,

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