Barniak v. Richter

In an action, inter alia, to set aside a transfer of real property as a fraudulent conveyance under the Debtor and Creditor Law, the defendants appeal from a judgment of the Supreme Court, Nassau County (Martin, J.), dated August 20, 2007, which, upon an order of the same court dated March 23, 2007, granting the plaintiff’s motion pursuant to CFLR 3126 to strike the answer for failure to comply with a discovery order, inter alia, set aside the subject conveyance as fraudulent.

*630Ordered that the judgment is affirmed, with costs.

The determination whether to strike a pleading for failure to comply…