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EAGLE STAR INS. CO. OF AM. v. BEHAR

207 A.D.2d 326 (1994)

615 N.Y.S.2d 418

Eagle Star Insurance Company of America, Appellant, v. Norman Behar et al., Respondents

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

August 1, 1994

Ordered that the order is affirmed, with costs.

The drastic sanction of unconditionally striking a pleading pursuant to CPLR 3126 should not be invoked unless the resisting party's default is shown to be deliberate and contumacious (see, Furniture Fantasy v Cerrone, 154 A.D.2d 506). However, where a party disobeys a court order and by his conduct frustrates the disclosure scheme provided by the CPLR, dismissal of the...

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