Zak v. Mintz

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.