Hill v. Douglas Elliman-Gibbons & Ives

—Order, Supreme Court, New York County (Emily Goodman, J.), entered May 28, 1998, which, after an evidentiary hearing, denied plaintiff’s motion to strike the answer of defendants-respondents Douglas Elliman-Gibbons & Ives and Insignia Financial Group, Inc., unanimously affirmed, without costs.

In ruling upon plaintiff’s motion to strike defendants-respondents’ pleadings, the motion court properly inquired, not merely as to whether there had been spoliation of evidence, but also as to whether defendants-respondents’ failure to comply with discovery orders had been willful, contumacious, or…