Bigman v. Dime Savings Bank

— In an action to recover damages, inter alia, for defamation, the plaintiffs appeal from an order of the Supreme Court, Queens County (Graci, J.), dated January 18, 1990, which granted the defendant’s motion to strike their complaint pursuant to CPLR 3126.

Ordered that the order is affirmed, with costs.

Although the sanction of unconditionally striking a pleading pursuant to CPLR 3126 should not be invoked unless a party’s default is shown to be deliberate and contumacious (see, Read v Dickson, 150 AD2d 543, 544), the record before us provides ample support for the court’s application of that…