Thompson v. Dallas BBQ

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), dated June 21, 2010, which denied her motion pursuant to CPLR 3126 to strike the defendants’ answer for failure to provide certain disclosure.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3126, “[a] court may strike an answer as a sanction if a defendant ‘refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed’ ” (Mazza v Seneca, 72 AD3d 754, 754 [2010],…