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NICOLETTI v. OZRAM TRANSPORTATION, INC.

286 A.D.2d 719 (2001)

730 N.Y.S.2d 165

ROGER NICOLETTI et al., Respondents, v. OZRAM TRANSPORTATION, INC., Appellant.

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

Decided September 17, 2001.

Ordered that the order is affirmed, with costs.

While the nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter within the discretion of the court, the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery demands was willful, contumacious, or in bad faith (see, Polanco v Duran, 278 A.D.2d 397). The Supreme Court providently...

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