Delgado v. City of New York

Order, Supreme Court, Bronx County (Paul Victor, J.), entered October 24, 2006, which, insofar as appealed from as limited by the briefs, confirmed the recommendation of a judicial hearing officer to deny plaintiff’s motion to strike the answers of defendants City of New York, Joseph Richardson and Steven Fischer, unanimously affirmed, without costs.

The drastic remedy of striking defendants’ answers was properly denied for lack of a clear showing that defendants’ failure to comply with the court’s prior discovery orders was willful or contumacious (see CPLR 3126; see also Frye v City of New…