O'Neill v. Ho
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated October 8, 2004, as denied their motion to strike the answer of the defendant Victor T. Ho, for an attorney’s fee and reasonable costs on the motion, and to impose a sanction pursuant to CPLR 3126 and 22 NYCRR 130-1.1.
Ordered that the order is modified, on the law and as a mat*627ter of discretion, by deleting the provision thereof denying that branch of the motion which was to impose a sanction pursuant…
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