Davis v. City of New York

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about April 13, 1993, which denied plaintiff’s motion to strike defendant’s answer, unanimously modified, on the law, the facts and in the exercise of discretion, to impose a sanction in the amount of $1000 upon defendant-respondent, payable to plaintiff’s counsel, and otherwise affirmed, without costs.

While it was not an abuse of discretion for the IAS Court to refuse to order the drastic remedy of striking defendant’s answer, in light of defendant’s inexcusable delay in providing discovery and its repeated failure…