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REIDEL v. RYDER TRS, INC.

13 A.D.3d 170 (2004)

786 N.Y.S.2d 487

EMILY REIDEL et al., Appellants, v. RYDER TRS, INC., et al., Defendants, and GEORGE FINNEGAN, Doing Business as FINNEGANS MOVING CO., et al., Respondents.

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

December 16, 2004.

Although actions should be resolved on the merits whenever possible (see Catarine v Beth Israel Med. Ctr., 290 A.D.2d 213 [2002]), a court may strike a pleading as a sanction against a party who refuses to obey an order for disclosure (see CPLR 3126 [3]). A court may strike an answer only when the moving party establishes "a clear showing that the failure to comply is willful, contumacious or in bad faith" (Palmenta v Columbia...

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