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FIELD v. BAO

2015-08210, Index No. 30210/12.

140 A.D.3d 921 (2016)

35 N.Y.S.3d 150

2016 NY Slip Op 04691

ELIZABETH FIELD, Plaintiff, v. PHILIP Q. BAO et al., Appellants.

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

Decided June 15, 2016.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the defendants' separate motions pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them are granted.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the trial court (see Kihl v Pfeffer, 94 N.Y.2d 118, 122-123 [1999];

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