Rakauskas v. Grace Olivia, LLC

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 5, 2005, striking defendants’ answer for noncompliance with their disclosure obligations, unanimously affirmed, with costs.

Defendants’ noncompliance with the Special Referee’s repeated directives to produce the QuickBooks data was willful and contumacious and warrants the striking of their answer (CPLR 3126). Even at the final conference with the Special Referee, at which defendants produced a CD-R for the first time, the information was contained in Excel-format summary documents, not the raw, detailed QuickBooks…