Austin v. Coin Devices Corp.

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered May 29, 1996, which granted plaintiffs’ motion pursuant to CPLR 3126 to strike defendant’s answer, unanimously affirmed, with costs.

Defendants’ failure to advise the court and plaintiffs any time prior to the motion to strike of the routine destruction of documents they had been ordered to produce, or to proffer any excuse for their failure to comply with the court-ordered discovery, indicates willful, contumacious and evasive conduct with respect to plaintiffs’ discovery rights (Anteri v NRS Constr. Corp., 117 AD2d 696, 698). This…