LEE v. LIN (2000)

Order unanimously affirmed with $10 costs.

The court's determination, denying plaintiff's motion to punish defendants for contempt, constituted a proper exercise of its discretion (see, 6 Weinstein-Korn-Miller, N.Y. Civ. Prac. ¶ 3126.06).   Contempt is not a sanction listed in CPLR 3126 for a party's failure to comply with disclosure.   While said section does allow the court to impose, in addition to the sanctions set forth therein, any sanctions “as are just”, the commentary following said section indicates that contempt is only in rare instances imposed against a party (see, Siegel, Practice Commentaries, McKinney's Cons. Laws of N.Y., Book 7B, CPLR C3126:4, at 754-756;  see also, 6 Weinstein-Korn-Miller, N.Y. Civ. Prac. ¶ 3126.06).

MEMORANDUM.