Opinion
August 16, 1976
Appeal from the Civil Court of the City of New York, Kings County, JOSEPH S. LEVINE, J.
Milton Kostroff and David E. Pressman for appellant.
John C. Gray, Jr., and Steven R. Gross for respondent.
MEMORANDUM. Order unanimously reversed, without costs, and motion denied on condition that plaintiff's attorney pay the sum of $50 to defendant's attorney within five days of service of a copy of the order hereon; otherwise, order affirmed with $10 costs.
The failure to disclose was not so willful as to justify the drastic remedy of dismissal (Marsh v Lee Sons, 34 A.D.2d 985; Askinazy v Jacobson, 40 A.D.2d 860; Cinelli v Radcliffe, 35 A.D.2d 829; La Manna Concrete v Friedman, 34 A.D.2d 576).
Concur: SWARTZWALD, P.J., RINALDI and BUSCHMANN, JJ.