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PULSONE v. NORTH SHORE TOWERS APARTMENTS INCORPORATED

29 A.D.3d 883 (2006)

814 N.Y.S.2d 540

DOMINICK PULSONE, Appellant, v. NORTH SHORE TOWERS APARTMENTS INCORPORATED, Defendant and Third-Party Plaintiff-Respondent. NEW YORKER CONTRACTORS, INC., Third-Party Defendant. (And Another Third-Party Action.)

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

May 23, 2006.

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

The drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful and contumacious (see CPLR 3126 [3]; Jenkins v City of New York, 13 A.D.3d 342 [2004]). Here, the plaintiff failed to make such a showing. Further, the plaintiff did not...

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