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YOUWANES v. STEINBRECH

Index No. 805038/17. Appeal No. 13544. Case No. 2020-01337.

193 A.D.3d 492 (2021)

146 N.Y.S.3d 253

2021 NY Slip Op 02232

Michael Youwanes, Respondent, v. Douglas Steinbrech, M.D., et al., Appellants.

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla ( Adonaid C. Medina of counsel), for appellants.

Law Office of Todd J. Krouner, P.C., Chappaqua ( Christopher W. Dennis of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

Supreme Court providently exercised its discretion in not striking plaintiff's complaint based upon his failures in providing court-ordered discovery (see Merrill Lynch, Pierce, Fenner & Smith, Inc. v Global Strat Inc., 22 N.Y.3d 877, 880 [2013]). A motion court "is afforded broad discretion in supervising disclosure and its determinations will not be disturbed unless that discretion has been clearly abused" (Those Certain...

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