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HUDSON VIEW II ASSOCIATES v. MILLER

282 A.D.2d 345 (2001)

723 N.Y.S.2d 641

HUDSON VIEW II ASSOCIATES et al., Respondents, v. PHILLIP D. MILLER, Appellant, et al., Defendants.

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

Decided April 19, 2001.

The record fully supports the motion court's finding that defendant-appellant acted willfully and contumaciously in his continued failure to obey the court's order and in his numerous reiterations that the court was without power to require him to produce a log of the documents he was refusing to produce and the reason for such refusal. Accordingly, the motion court properly exercised its discretion when, as a sanction for such...

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