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MIR v. SAAD

54 A.D.3d 914 (2008)

863 N.Y.S.2d 599

NADEEM MIR et al., Appellants, v. ROUAFA SAAD, Respondent.

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

September 23, 2008.

Ordered that the order is affirmed, with costs.

The determination whether to strike a pleading for failure to comply with court-ordered disclosure lies within the sound discretion of the trial court (see CPLR 3126 [3]; Bates v Baez, 299 A.D.2d 382 [2002]; Patterson v Greater N.Y. Corp. of Seventh Day Adventists, 284 A.D.2d 382 [2001]). In the instant case, the dismissal of...

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