Tavarez v. DeLange

— Judgment, Supreme Court, New York County (John Parker, J.), entered September 19, 1991, which, after a jury trial, awarded plaintiff in this negligence action the amount of $55,425.60, including interest, costs and disbursements, unanimously affirmed, with costs.

The fashioning of sanctions for discovery misfeasance is a matter best committed to the trial court’s discretion (see, Lowitt v Burton I. Korelitz, M. D., P. C., 152 AD2d 506, 507). Here, there was no abuse of discretion in the trial court’s excluding the testimony of two of defendants’ witnesses because the pretrial notice of…