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MARBRU ASSOC. v. WHITE

Index No. 102117/12, Appeal No. 16226, Case No. 2021-02567.

206 A.D.3d 562 (2022)

168 N.Y.S.3d 832

2022 NY Slip Op 04123

Marbru Associates et al., Appellants, v. William J. White et al., Respondents.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York ( Howard Grun of counsel), and Law Office of Frank A. Scanga, New York ( Frank A. Scanga of counsel), for appellants.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

In the exercise of our own discretion (see Maxim, Inc. v Feifer, 161 A.D.3d 551, 554 [1st Dept 2018]), we find, contrary to the motion court, that defendants' discovery abuses warrant sanctions under CPLR 3126. Defendants have engaged in a pattern of obstructive conduct since the commencement of this action in 2012, including noncompliance with multiple discovery orders issued between January 2017 and February 2020. The court acknowledged...

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