JACKSON v. MARCATO ELEVATOR CO.


225 A.D.2d 361 (1996)

638 N.Y.S.2d 649

Lloyd Jackson, Respondent, v. Marcato Elevator Company, Appellant, et al., Defendant. (And a Third-Party Action.)

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

March 12, 1996


While it is a harsh and drastic remedy to strike a pleading, the excuse offered — that defendant's attorney misfiled the motion due to a clerical error and did not find it until after the order had been entered — might have been acceptable were the lapse an isolated incident instead of part of a consistent pattern of failure to comply with disclosure demands and orders or even to come forward with timely statements of the reasons why compliance was not possible...

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