Denoyelles v. Gallagher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated April 7, 2006, as denied that branch of their motion which was to strike the defendant’s answer pursuant to CPLR 3126.
Ordered that the order is affirmed insofar as appealed from, with costs.
The “drastic remedy” of striking an answer pursuant to CPLR 3126 is warranted when there is “a clear showing” that the failure to comply with discovery demands was willful and contumacious (Fellin v…
2Cases cited8 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Iannucci v. RoseAppellate Division of the Supreme Court of the State of New York · 2004
- Baglio v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Barahona v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2005
- Dennis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
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