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SAVIN v. BROOKLYN MARINE PARK DEVELOPMENT CORP.

61 A.D.3d 954 (2009)

878 N.Y.S.2d 178

ANDREA SAVIN et al., Respondents, v. BROOKLYN MARINE PARK DEVELOPMENT CORP. et al., Appellants, et al., Defendants.

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

Decided April 28, 2009.

Ordered that the order dated October 24, 2007, is affirmed; and it is further,

Ordered that the order dated May 30, 2008, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

"Generally, the nature and degree of the penalty to be imposed pursuant to CPLR 3126 against a party who refuses to comply with court-ordered discovery is a matter within the discretion of the court. A determination...

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