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TRAINA, JR. v. TAGLIENTI

6 A.D.3d 524 (2004)

774 N.Y.S.2d 391

JOSEPH TRAINA, JR, Respondent, v. JAMES TAGLIENTI et al., Defendants, and WASTE SERVICES, INC., Now Known as EASTERN WASTE OF NEW YORK, INC., Appellant.

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

April 12, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

Actions should be resolved on their merits whenever possible (see Cruzatti v St. Mary's Hosp., 193 A.D.2d 579, 580 [1993]), and the drastic remedy of striking an answer should not be employed without a showing that the failure to comply with discovery was willful, contumacious, or in bad faith (see Simmons...

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