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MATEO v. CITY OF NEW YORK

274 A.D.2d 337 (2000)

711 N.Y.S.2d 396

MYRNA MATEO et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and REGINE'S ORIGINALS, INC., Appellant.

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

Decided July 20, 2000.

Striking a pleading is a drastic remedy and is only warranted "where a clear showing has been made that the noncompliance with a discovery order was willful, contumacious or due to bad faith" (Corner Realty 30/7 v Bernstein Mgt. Corp., 249 A.D.2d 191, 193; see also, Washington v Alco Auto Sales, 199 A.D.2d 165). Here, defendant-appellant's failure to comply with the discovery order and appear...

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