Periphery Loungewear, Inc. v. Kantron Roofing Corp.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about July 8, 1994, which granted plaintiffs’ motion to strike defendant-appellant’s answer, unanimously affirmed, with costs.

The IAS Court properly exercised its discretion in striking appellant’s answer for failure to comply with the "so ordered” stipulation directing it to produce a witness for deposition. Appellant’s claim, made through its attorney, that its bankruptcy and cessation of business operations have left it only with former employees who are no longer under its control, does not excuse its failure to…