Commissioners of State Insurance Fund v. Valenzano

— Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered April 12, 1990, which denied defendant’s motion to vacate a default judgment entered pursuant to CPLR 3126 (3) for willful failure to comply with discovery, unanimously affirmed, with costs.

The Commissioners of the State Insurance Fund ("plaintiff”) commenced an action for premiums purportedly due under a workers’ compensation insurance policy. Marcello Valenzano, doing business as ABC Contracting Co. ("defendant”) answered and denied the allegations. Plaintiff then served a notice of discovery and inspection…