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POWELL v. CIPOLLARO

34 A.D.3d 551 (2006)

824 N.Y.S.2d 409

PARIS POWELL, Appellant, v. ANTHONY CIPOLLARO et al., Respondents.

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

Decided November 14, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants' respective motions to strike the complaint. Although striking a pleading pursuant to CPLR 3126 is a drastic remedy, it is warranted where a party's conduct is shown to be willful and contumacious (see Beneficial Mtge. Corp. v Lawrence, 5 A.D.3d 339 [2004]). The inference that the plaintiff's conduct...

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