Filatava v. Rome Realty Group LLC

Order, Supreme Court, New York County (Martin Shulman, J.), entered March 22, 2011, which, insofar as appealed from as limited by the briefs, granted plaintiffs’ motion to strike defendants’ answer, and order, same court and Justice, entered September 28, 2011, which denied defendant Rome Realty Group’s motion to renew and granted said defendant’s motion to reargue, but adhered to its prior decision, unanimously affirmed, with costs.

Defendant appeals from the striking of its answer as a discovery sanction pursuant to CELR 3126. It is undisputed that defendant violated three express orders to…