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HILL v. DOUGLAS ELLIMAN-GIBBONS & IVES

256 A.D.2d 31 (1998)

680 N.Y.S.2d 848

PANATHY HILL, Appellant, v. DOUGLAS ELLIMAN-GIBBONS & IVES et al., Respondents, et al., Defendants.

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

Decided December 1, 1998.

In ruling upon plaintiff's motion to strike defendants-respondents' pleadings, the motion court properly inquired, not merely as to whether there had been spoliation of evidence, but also as to whether defendants-respondents' failure to comply with discovery orders had been willful, contumacious, or effected in bad faith (see, Orlando v Arcade Cleaning Corp., 253 A.D.2d 362; cf., Squitieri v City of New York,

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