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FOWLER v. BUFFA

8454. 22577/13E.

169 A.D.3d 546 (2019)

92 N.Y.S.3d 650

2019 NY Slip Op 01306

Norma Fowler, Appellant, v. Salvatore D. Buffa, M.D., et al., Respondents, et al., Defendant.

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

Decided February 21, 2019.

The trial court did not err in precluding a disability insurance form alleged to contain a statement against interest from defendant Anurag Shrivastava, M.D. The imposition of sanctions for discovery misfeasance is a matter better left to the sound discretion of the trial court (see Gomez v New York City Hous. Auth., 217 A.D.2d 110, 114 [1st Dept 1995]). CPLR 3101 provides that there shall be full disclosure of all matter material...

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