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ADZHIASHVILI v. JOY-LUD DISTRIBUTORS, INT'L., INC.

283 A.D.2d 361 (2001)

725 N.Y.S.2d 39

YAKOV ADZHIASHVILI, Respondent, v. JOY-LUD DISTRIBUTORS, INT'L., INC., Appellant.

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

Decided May 31, 2001.

The penalty of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery demands is willful, contumacious, or in bad faith. (See, Rosario v New York City Hous. Auth., 272 A.D.2d 105; Pyfrom v Tishman Constr. Co., 270 A.D.2d 24.) Here it cannot be said that defendant's failure to answer the first 10 questions was a willful failure to disclose where...

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