E & M Advertising West/Camelot Media, Inc. v. Vertical Lend, Inc.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered June 18, 2007, which, inter alia, granted plaintiffs motion to strike defendant’s answer, to conduct an inquest on papers, and to preclude defendant from relying at the inquest on documents belatedly produced to plaintiff, unanimously reversed, on the facts, without costs, the motion denied and defendant’s answer reinstated, on condition that defendant produce David Peskin for deposition within 30 days after service of a copy of this order.

The court erred in striking the answer, because plaintiff did not conclusively show…