Avenue C Construction, Inc. v. Gassner

—In an action, inter alia, to *507recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated December 4, 2001, which, inter alia, granted the plaintiffs motion pursuant to CPLR 3126 to strike her answer.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is denied, and the answer is reinstated.

“Although the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the trial court, the penalty of striking an answer for failure…