Opinion
February 9, 1993
Appeal from the Supreme Court, New York County (John Parker, J.).
The fashioning of sanctions for discovery misfeasance is a matter best committed to the trial court's discretion (see, Lowitt v Burton I. Korelitz, M.D., P.C., 152 A.D.2d 506, 507). Here, there was no abuse of discretion in the trial court's excluding the testimony of two of defendants' witnesses because the pretrial notice of witnesses given to plaintiff did not include their names, the proceedings as a whole did not provide plaintiff with adequate actual notice, and virtually all of the proposed testimony would have been cumulative. Further, this proposed testimony was patently inadequate to support defendants' claim that plaintiff was an imposter.
We have considered defendants' remaining arguments, and find them to be without merit.
Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.