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Zak v. Mintz

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 12, 2010

IRINA ZAK, PLAINTIFF-APPELLANT,
v.
DR. BETTY MINTZ, DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 4, 2008, which denied plaintiff's motion to strike the answer, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Catterson, Moskowitz, DeGrasse, Abdus-Salaam, JJ.

406168/07

There was no evidence that defendant refused to obey an order for disclosure or wilfully failed to disclose information. Plaintiff declined the court's offer to submit interrogatories or to conduct a continued deposition of defendant. Accordingly, denial of the motion was a proper exercise of the court's discretion (Gross v Edmer Sanitary Supply Co., 201 AD2d 390 [1994]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100112

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