Frank Parlamis, Inc. v. Piccola Pizza Café-Times Square, Inc.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered July 16, 1998, which, to the extent appealed from, upon defendants-appellants’ failure to comply with court-ordered discovery, inter alia, struck defendants-appellants’ answer, dismissed their counterclaim, and directed entry of judgment in plaintiffs favor as against defendants-appellants on the issue of liability, unanimously affirmed, with costs.

Defendants-appellants’ present claims, that their failure to comply with court-ordered discovery was not sufficiently willful or contumacious to warrant the striking of their answer…