Min Yoon v. Costello

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered May 2, 2005, which granted plaintiffs motion for discovery sanctions to the extent of striking defendants’ answer and denied defendants’ motion to vacate their default and for leave to move for summary judgment, unanimously affirmed, without costs.

The sanction of striking the answer was warranted in light of defendants’ repeated and persistent failure to comply with several disclosure orders (CPLR 3126). Plaintiff, as the moving party, established that defendants’ failure to comply was willful and contumacious (see Reidel…