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CHIANESE v. MEIER

220 A.D.2d 264 (1995)

632 N.Y.S.2d 87

Josephine Chianese, Appellant, v. Werner Meier et al., Respondents

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

October 10, 1995

Defendants' conduct was obstructive to orderly disclosure, but did not rise to the level that would justify the "ultimate penalty" of striking their answer (Virola v New York City Hous. Auth., 185 A.D.2d 122, 124). We modify as above indicated to hold defendants to their representations concerning the unavailability of the building's owner, superintendent and property manager at the time of the alleged incident, and to clarify the...

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