Yellowbook, Inc. v. Heller & Heller

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered November 5, 2014, which, upon reargument, adhered to a prior determination granting plaintiff’s motion to strike defendants’ answer and enter judgment in plaintiff’s favor, unanimously affirmed, with costs.

The motion court providently exercised its discretion in striking defendants’ answer, including their remaining counterclaim, given their “willful and repeated failure to comply with court-ordered discovery” (Soto-Law v Law, 264 AD2d 695, 696 [1st Dept 1999]). After repeated discovery violations for which defendants were…