Black v. Little

*521In an action to recover damages for medical malpractice, the defendant appeals, by permission, from an order of the Supreme Court, Westchester County (DiBlasi, J.), dated August 13, 2003, which, in effect, granted the plaintiff’s motion to strike the answer on the ground that the defendant failed to comply with court-ordered disclosure.

Ordered that the order is affirmed, with costs.

When a party’s failure to comply with court-ordered disclosure is shown to be willful, contumacious, or in bad faith, dismissal of that party’s pleading is within the broad discretion of the trial court (see…