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PIAMPIANO v. IRVING TRUST CO.

148 A.D.2d 435 (1989)

Sara Piampiano et al., Appellants, v. Irving Trust Co., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 6, 1989

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances, the Supreme Court did not improvidently exercise its discretion in refusing to impose the harsh sanction of striking the defendant's answer (cf., Corona v A-B-C Packaging Mach. Corp., 129 A.D.2d 762; Ricco v Deepdale Garden Apts. Corp., 113 A.D.2d 822

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