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SEGARRA v. CITY OF NEW YORK

269 A.D.2d 439 (2000)

702 N.Y.S.2d 917

RUBEN SEGARRA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 14, 2000.

Ordered that the order is affirmed, with costs.

It is well established that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery was willful, contumacious, or in bad faith (see, CPLR 3126; Smith v Bynum, 260 A.D.2d 626). In this case, the plaintiff failed to make such a showing.

The plaintiff's remaining contentions...

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