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SELAMAJ v. CITY OF NEW YORK

257 A.D.2d 616 (1999)

684 N.Y.S.2d 559

LOUIS SELAMAJ et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 19, 1999.

Ordered that the order is affirmed, with costs.

It is well settled that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith (see, CPLR 3126; Parish Constr. Corp. v Franlo Tile, 215 A.D.2d 545; Harris v City of New York, 211 A.D.2d 663). In this case, the plaintiffs...

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