Legal Opinion

DeRiggi v. Brady

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009Published

1Opinion of the Court

Defendants’ unexplained failure to comply with several disclosure orders, the last of which explicitly advised that defendants’ answer would be struck if compliance were not forthcoming, was willful and contumacious and warranted the extreme sanction of striking of their answer (see Zletz v Wetanson, 67 NY2d 711 [1986]; Helms v Gangemi, 265 AD2d 203, 204 [1999]). We have considered defendants’ other contentions and find them unavailing. Concur — Andrias, J.P., Saxe, Sweeny, Moskowitz and Abdus-Salaam, JJ.

2Cases cited2 opinions

  1. Zletz v. WetansonNew York Court of Appeals · 1986
  2. Helms v. GangemiAppellate Division of the Supreme Court of the State of New York · 1999