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ALTO v. GILMAN MANAGEMENT CORPORATION

7 A.D.3d 650 (2004)

776 N.Y.S.2d 823

PHYLLIS ALTO ET AL., Appellants, v. GILMAN MANAGEMENT CORPORATION, Respondent.

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

May 17, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

A court is authorized to strike the pleadings of a party who "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed" (CPLR 3126). Striking a pleading is appropriate where a party's conduct in resisting disclosure is shown to be "willful, contumacious, or in bad faith" (Ranfort v Peak Tours,

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