Opinion
November 15, 1999
Law Offices of Lawrence N. Rogak, LLC, Oceanside, N.Y. (Marcy E. Pell of counsel), for appellants.
Marcel Weisman, New York, N.Y. (Kerry Klein of counsel), for respondents.
MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated July 17, 1998, which denied their motion for summary judgment or to dismiss the complaint pursuant to CPLR 3126 for willfully failing to disclose information which should have been disclosed.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motion for summary judgment or to dismiss the complaint pursuant to CPLR 3126 for willfully failing to disclose information which should have been disclosed. Since the defendants were not prejudiced by the plaintiffs' failure to disclose, dismissal of the complaint — one of the most severe remedies that may be imposed upon a plaintiff ( see, Lipin v. Bender, 84 N.Y.2d 562, 572) — would have been inappropriate ( cf., Brown v. Michelin Tire Corp., 204 A.D.2d 255; see also, Wolfson v. Nassau County Med. Center, 141 A.D.2d 815).
The defendants' remaining contention is without merit.
ALTMAN, J.P., FLORIO, H. MILLER, and SCHMIDT, JJ., concur.