Miller v. Duffy

Thompson, J. P.,

dissents and votes to reverse the order appealed from and grant the motion, with the following memorandum. I cannot agree with my colleagues in the majority that the imposition of a financial sanction against the defendants is adequate, under the circumstances of this case, to remedy his disregard of the plaintiffs’ disclosure requests and of specific judicial directives seeking the defendants’ compliance therewith. The conduct which warrants the imposition of the most stringent sanctions is not simply the defendants’ failure to fully and completely answer the plaintiffs’…