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HENRY ROSENFELD, INC. v. BOWER & GARDNER

161 A.D.2d 374 (1990)

Henry Rosenfeld, Inc., Doing Business as Henry Rosenfeld Luggage, Respondent, v. Bower and Gardner et al., Appellants

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

May 15, 1990

In this action for attorneys' malpractice, defendants' answer was stricken for failure to submit to court-ordered deposition. Under CPLR 3126, if a party refuses to obey an order for disclosure, the court may order that party's pleading stricken (Rodriguez v Sklar, 56 A.D.2d 537, 538). The striking of an answer is an extreme and drastic penalty, and should not be invoked where the moving affidavit fails to show conclusively that...

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