A Creations, Inc. v. Allison Che Fashions, Inc.

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 16, *3881999, which, in an action for goods sold and delivered, granted defendant’s motion pursuant to CPLR 3126 (3) to strike plaintiffs complaint and for judgment on the issue of plaintiffs liability on defendant’s counterclaims for breach of warranty, unanimously affirmed, with costs.

As the motion court held, plaintiffs claim, in opposition to the motion, that the documents sought by defendant either no longer exist or were never kept in the first place is thoroughly undermined by plaintiffs principals’…