Williams v. New York City Transit Authority

*976The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the Supreme Court (see CPLR 3126 [2]; Kihl v Pfeffer, 94 NY2d 118, 122-123 [1999]; Suazo-Alvarez v Nordlaw, LLC, 48 AD3d 670, 670-671 [2008]; Lotardo v Lotardo, 31 AD3d 504 [2006]). There is nothing in the record that warrants disturbing the Supreme Court’s exercise of discretion in this case. The Supreme Court could have properly inferred the willful and deliberate character of the plaintiffs’ conduct from their failures, over an eight-year period, to disclose the names of two…