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Richard L. Wolfson v. Peter M. Calamel

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eBook details

  • Title: Richard L. Wolfson v. Peter M. Calamel
  • Author : Supreme Court of New York
  • Release Date : January 22, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Order unanimously modified as an exercise of discretion, and as modified affirmed without costs, in accordance with the following Memorandum: The record does not establish that plaintiff's failure to comply with defendant's discovery demands or the trial court's discovery order was willful or contumacious; therefore, we conclude that the trial court did not abuse its discretion in denying defendant's motion to dismiss plaintiff's complaint or preclude plaintiff from introducing any medical evidence (see, CPLR 3126; Donner v 50 Tom Corp., 99 A.D.2d 504; Wood v Ford Nursing Home Co., 79 A.D.2d 841; see also, Gaylord Bros. v RND Co., 134 A.D.2d 848; Shamash v Ohrbach's, Inc., 57 A.D.2d 531). Because plaintiff's counsel's failure to comply with the prior discovery order caused substantial delays, in the exercise of our discretion we impose a monetary sanction in the sum of $500 on plaintiff's counsel (see, Crow-Crimmins-Wolff & Munier v County of Westchester, 110 A.D.2d 871, 872-873; Siebert v 60 Sutton Corp., 99 A.D.2d 950).


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