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UMANS v. TOMFAR TRANSPORTATION, INC

Appellate Division of the Supreme Court of New York, Second Department.
Jul 12, 2004

The Supreme Court providently exercised its discretion in determining that the defendants' conduct during disclosure did not constitute willful or contumacious noncompliance warranting the imposition of a sanction pursuant to CPLR 3126 ( see Mylonas v. Town of Brookhaven, 305 AD2d 561; Marro v. St. Vincent's Hosp. Med. Ctr. of N.Y., 294 AD2d 341).

The plaintiff's remaining contentions are without merit.