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HAN v. NEW YORK CITY TR. AUTH.

8298. 152872/13.

169 A.D.3d 435 (2019)

94 N.Y.S.3d 26

2019 NY Slip Op 00975

Ashley Han et al., Respondents, v. New York City Transit Authority, Appellant.

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

Decided February 7, 2019.

CPLR 3126 provides that if 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 court may make such orders with regard to the failure or refusal as are just." It is within the motion court's discretion to determine the nature and degree of the penalty (see Kihl v Pfeffer, 94 N.Y.2d 118, 122 [1999]), and the sanction will remain undisturbed...

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