Guiliano v. Carlisle

In an action, inter alia, to recover damages for breach of fiduciary duty, the defendant Highview-Nyack Properties, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Meehan, J.), entered August 16, 2000, as denied that branch of its motion which was pursuant to CPLR 3126 to strike the answer and cross claims of the defendant Law Firm of Howard Mann.

Ordered that the order is affirmed insofar as appealed from, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discre*418tion…