ORTIZ v. WEAVER


188 A.D.2d 290 (1992)

Lourdes Ortiz, Respondent, v. William M. Weaver et al., Appellants

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

December 1, 1992


In an action arising out of an alleged sexual assault of plaintiff on defendants' now-defunct discotheque premises, the IAS Court did not abuse its discretion in striking defendants' answers for their willful noncompliance with seven disclosure orders issued over an approximately two-year period.

While the striking of a pleading pursuant to CPLR 3126 for failure to comply with an order of disclosure is an extreme and drastic remedy that should be employed sparingly...

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