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ABIZEID v. TURNER CONSTR. CO.

2017-12691, Index No. 23538/10.

172 A.D.3d 795 (2019)

98 N.Y.S.3d 446

2019 NY Slip Op 03556

Doris Abizeid, Respondent, v. Turner Construction Company et al., Appellants, et al., Defendants.

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

Decided May 8, 2019.

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

"The nature and degree of a penalty to be imposed under CPLR 3126 for discovery violations is addressed to the court's discretion" (Crupi v Rashid, 157 A.D.3d 858, 859 [2018]). Here, the Supreme Court providently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 3126 to strike the appellants' answer. The appellants' willful...

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