Tantaro v. All My Children, Inc.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered January 6, 2014, which granted plaintiff’s motion to strike defendants’ answer for failing to comply with discovery to the extent of marking the parties’ deposition dates as final, unanimously affirmed, without costs.

Plaintiff failed to establish that defendants’ alleged failure to comply with disclosure obligations was willful, contumacious or in bad faith (see Perez v New York City Tr. Auth., 73 AD3d 529 [2010]). Given the fact that the record demonstrates that the delays in discovery were caused by both parties, it cannot…