Jackson v. Marcato Elevator Co.

While it is a harsh and drastic remedy to strike a pleading, the excuse offered — that defendant’s attorney misfiled the motion due to a clerical error and did not find it until after the order had been entered — might have been acceptable were the lapse an isolated incident instead of part of a consistent pattern of failure to comply with disclosure demands and orders or even to come forward with timely statements of the reasons why compliance was not possible (see, Brady v Zambrana, 221 AD2d 171; Hartwich v Young, 149 AD2d 769). Even defendant’s last-ditch effort to meet its disclosure…