Walker v. Foreman

Order, Supreme Court, New York County (Paul Wooten, J.), entered May 6, 2011, which granted defendant’s motion to strike plaintiffs pleadings, unanimously affirmed, without costs. Judgment, same court and Justice, entered July 14, 2011, awarding defendant damages in the amount of $116,530, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new inquest on damages.

The court providently exercised its discretion in striking plaintiffs pleadings, given plaintiffs intentional and unexcused failure to comply with more than three orders, some of them…