Caruso v. Malang

—In an action, inter alia, to recover insurance commissions, the defendant Professional Risk Managers, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), dated November 29, 1995, as granted that branch of the plaintiffs motion which was to strike its answer and directed an inquest on damages.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that in order to invoke the drastic remedy of striking a pleading pursuant to CPLR 3126 for noncompliance with a court order for disclosure, the…