Thomas v. McGuire Service Corp.

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about June 5, 1996, which granted plaintiffs motion to strike Chemical’s answer pursuant to CPLR 3126, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion denied and the answer reinstated.

Plaintiff Preston Thomas allegedly slipped and fell, suffering personal injury, due to Chemical’s and McGuire’s negligence in removing accumulated ice and snow in front of a Chemical Bank branch. Chemical’s answer was stricken on the ground that it engaged in willful and contumacious…