MIKHAILOV v. KATAN

2012-06326, Index No. 17393/10.

116 A.D.3d 744 (2014)

983 N.Y.S.2d 614

2014 NY Slip Op 2415

MICHAEL MIKHAILOV, Respondent, v. ITZHAK KATAN, Appellant, et al., Defendants.

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

Decided April 9, 2014.


Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 3126, a court may impose discovery sanctions, including the preclusion of evidence, where a party "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed." "The nature and degree of a penalty to be imposed under CPLR 3126 for discovery violations is addressed to the court's discretion" (Zakhidov...

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