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DEVLIN v. DESAMOURS

2242N, 158432/13.

144 A.D.3d 548 (2016)

2016 NY Slip Op 07841

40 N.Y.S.3d 898

THOMAS F. DEVLIN, Appellant, v. RAYMOND DESAMOURS, Respondent, et al., Defendants.

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

Decided November 22, 2016.

It is within the trial court's discretion to determine the appropriate penalty for noncompliance with discovery orders, "and the sanction will remain undisturbed unless there has been a clear abuse of discretion" (Merrill Lynch, Pierce, Fenner & Smith, Inc. v Global Strat Inc., 22 N.Y.3d 877, 880 [2013]). The record on appeal does not indicate a clear abuse...

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