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SHEIKH v. POPLARDO

2020-00753. Index No. 511539/16.

207 A.D.3d 775 (2022)

170 N.Y.S.3d 898

2022 NY Slip Op 04753

Nauaman Sheikh, Appellant, v. Peter J. Poplardo, Respondent.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Harmon, Linder & Rogowsky (Mitchell Dranow, Sea Cliff, NY, of counsel), for appellant.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [Joel A. Sweetbaum and Jackie Gross], of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

Ordered that the judgment is affirmed, with costs.

"`Resolution of discovery disputes and the nature and degree of the penalty to be imposed pursuant to CPLR 3126 are matters within the sound discretion of the motion court'" (Vays v Luntz, 179 A.D.3d 744, 746 [2020], quoting Morales v Zherka, 140 A.D.3d 836, 836-837 [2016]). "`When a party fails to comply with a court order and frustrates the disclosure scheme set...

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