SAJID v. TRIBECA NORTH ASSOCIATES (1999)

Supreme Court, Appellate Division, First Department, New York.

Gulzar SAJID, Plaintiff-Respondent, v. TRIBECA NORTH ASSOCIATES L.P., et al., Defendants-Appellants.

Decided: June 17, 1999

ELLERIN, P.J., TOM, WALLACH and FRIEDMAN, JJ.

Robin Mary Heaney, for Plaintiff-Respondent. Harry Steinberg, for Defendants-Appellants.

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered January 20, 1999, which directed defendants to pay $5000 to plaintiff's attorneys as a disclosure sanction, unanimously modified, on the facts, to reduce the sanction to $1000, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered January 20, 1999, which declined to entertain defendants' application to vacate the $5000 sanction, unanimously dismissed, without costs.

While we agree with the motion court that defendants should be sanctioned for willful noncompliance with a prior disclosure order, the amount of the sanction is excessive, and we modify accordingly.

MEMORANDUM DECISION.

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