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DEVITO v. J & J TOWING, INC.

17 A.D.3d 624 (2005)

794 N.Y.S.2d 74

LOUIS DEVITO, Appellant, v. J & J TOWING, INC., et al., Respondents.

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

April 25, 2005.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

A court may, inter alia, strike the "pleadings or parts thereof" (CPLR 3126 [3]) as a sanction against a party who "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed [upon notice]" (CPLR 3126). The nature and degree of the penalty to be imposed pursuant to CPLR...

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