Sandcham Realty Corp. v. Sonnenschine

Order and judgment (one paper), Supreme Court, New York County (Beatrice Shainswit, J.), entered January 22, 1997, which, inter alia, granted plaintiffs’ motion pursuant to CPLR 3126 (3) to strike defendants’ answer, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 12, 1997, which denied defendants’ motion to reargue the prior order, unanimously dismissed, without costs, as taken from a nonappealable order.

The IAS Court properly exercised its discretion in striking defendants’ answer for their noncompliance with the prior so-ordered stipulation…