MOSKOWITZ v. CHAMBERS DELI CORP.


269 A.D.2d 198 (2000)

704 N.Y.S.2d 17

HERBERT MOSKOWITZ et al., Respondents, v. CHAMBERS DELI CORP., Defendant, and ANTHONY C. LERUDIS, Appellant.

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

Decided February 10, 2000.


Defendant's excuse for not opposing plaintiffs' motion to strike his answer for willful noncompliance with a disclosure order—that he believed that the filing of his personal bankruptcy proceeding discharged plaintiffs' fraudulent conveyance claim—is not credible, particularly since the document demand underlying the disclosure order was made at least six months before defendant even filed for bankruptcy, and the disclosure order itself preceded the filing by...

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