Diamond State Insurance v. Utica First Insurance

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 13, 2009, which, to the extent appealed from as limited by the briefs, granted plaintiffs cross motion to strike the answer for failure to comply with disclosure obligations, unanimously affirmed, with costs.

This is a subrogation action involving a roof fire. Plaintiff sought to obtain other roofing exclusion claim files in defendant’s possession. Defendant insurer has exhibited a pattern of repeated noncompliance with orders in this case and by this Court in a prior appeal (see 37 AD3d 160 [2007]), giving…