Wexler v. Malpeso

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 22,1996, which granted plaintiffs motion pursuant to CPLR 3126 to strike defendant’s answer and directed an assessment of damages, unanimously affirmed, without costs.

The willful and contumacious character of defendant’s failure to disclose can be inferred from his protracted noncompliance with three separate orders directing disclosure, and inadequate excuses therefor (Glasburgh v Port Auth., 193 AD2d 441). Given this consistent pattern of noncompliance, the IAS Court properly rejected defendant’s last-ditch effort to…