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MALPICA v. CITY OF NEW YORK

161 A.D.2d 498 (1990)

Mario Malpica et al., Respondents, v. City of New York et al., Defendants, and Belco Associates, Inc., Appellant. (And a Third-Party Action.)

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

May 24, 1990

We find that the Supreme Court did not abuse its discretion in striking defendant Belco's answer, pursuant to CPLR 3126 (3), since the record demonstrates that Belco's noncompliance with prior orders of the court to produce a witness for examination for trial was the result of bad faith (Lowitt v Burton I. Korelitz, M.D., P. C., 152 A.D.2d 506, 507). We recognize this result is a drastic remedy, but find it warranted where over the...

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