B.E.N. Trading Corp. v. Shirley Import, Inc.

Dec 22, 2009
Versions:68 A.D.3d 629
890 N.Y.2d 323

Defendants’ failure to offer a reasonable excuse for their noncompliance with discovery demands, court orders and the court‘s rules gives rise to an inference of willful and contumacious conduct (Siegman v Rosen, 270 AD2d 14, 15 [2000]). The striking of their answer and third-party complaint was a proper exercise of judicial discretion in light of such conduct (CPLR 3126; see Kihl v Pfeffer, 94 NY2d 118, 123 [1999]).

Concur—Sweeny, J.P., Catterson, Renwick, Freedman and Abdus-Salaam, JJ.