Adzhiashvili v. Joy-Lud Distributors, Int'l., Inc.

—Order, Supreme Court, New York County (Jane Solomon, J.), entered April 12, 2000, which denied defendant’s motion to vacate the order of the same court and Justice, entered on or about August 31, 1999, striking its answer based on its failure to comply with an interim discovery order and its counsel’s failure to appear at a discovery related conference, unanimously reversed, on the law and the facts, with costs, the motion granted and the answer reinstated.

The penalty of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery demands is willful,…