There was no evidence that defendant refused to obey an order for disclosure or wilfully failed to disclose information. Plaintiff declined the court’s offer to submit interrogatories or to conduct a continued deposition of defendant. Accordingly, denial of the motion was a proper exercise of the court’s discretion (Gross v Edmer Sanitary Supply Co., 201 AD2d 390 [1994]). Concur—Saxe, J.E, Catterson, Moskowitz, DeGrasse and AbdusSalaam, JJ.
Irina Zak, Appellant, v. Betty Mintz, Respondent
69 A.D.3d 454891 N.Y.S.2d 280
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