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BATES v. BAEZ

299 A.D.2d 382 (2002)

749 N.Y.S.2d 424

WILLIAM BATES et al., Respondents, v. CHRISTOPHER BAEZ et al., Appellants, and 85 THEODOR FREMD AVENUE CORP., Respondent.

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

Decided November 12, 2002.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

To invoke the drastic remedy of striking a pleading, the Supreme Court must determine that the party's failure to comply with a disclosure order was the result of willful, deliberate, and contumacious conduct or its equivalent. The willful and contumacious character of a party's conduct can be inferred from his or her repeated failures to...

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