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GARCIA v. JUAN CARLOS DEFEX, D.D.S.

59 A.D.3d 183 (2009)

872 N.Y.S.2d 454

JESSICA GARCIA, Appellant, v. JUAN CARLOS DEFEX, D.D.S., Respondent.

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

Decided February 5, 2009.

The conditional order of preclusion was not an improvident exercise of discretion in view of plaintiff's insufficiently explained delay in providing authorizations, her unexplained delay in providing proof and itemization of special damages, her failure to object to or seek a protective order with respect to other items sought but not produced, and the warning in the last compliance conference order that the imposed sanction would...

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