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Sajid v. Tribeca North Associates L. P.

262 A.D.2d 158 Court N.Y. App. Div. Decision date 1999-06-17 English

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Majority

p. 158
Gulzar Sajid, Respondent, v Tribeca North Associates L. P. et al., Appellants.
[691 NYS2d 522]

—Order,- Supreme Court, New York County (Franklin Weissberg, J.), entered January 20, 1999, which directed defendants to pay $5,000 to plaintiff’s attorneys as a disclosure sanction, unanimously modified, on the facts, to reduce the sanction to $1,000, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered January 20, 1999, which declined to entertain defendants’ application to vacate the $5,000 sanction, unanimously dismissed, without costs.

While we agree with the motion court that defendants should be sanctioned for willful noncompliance with a prior disclosure order, the amount of the sanction is excessive, and we modify

p. 159
accordingly. Concur — Ellerin, P. J., Tom, Wallach and Friedman, JJ.