Maignan v. Nahar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Silverman, J.), dated April 17, 2006, which conditionally granted that branch of the plaintiffs’ motion which was pursuant to CPLR 3126 to strike the defendant’s answer unless he appeared for a deposition within a specified time.
Ordered that the order is affirmed, with costs.
To invoke the drastic remedy of striking an answer, it must be shown that a defendant’s failure to comply with a disclosure order was the result of willful and contumacious conduct (see CPLR…
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