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E & M ADVERTISING WEST/CAMELOT MEDIA, INC. v. VERTICAL LEND, INC.

45 A.D.3d 502 (2007)

846 N.Y.S.2d 169

E & M ADVERTISING WEST/CAMELOT MEDIA, INC., Respondent, v. VERTICAL LEND, INC., Doing Business as MORTGAGE WAREHOUSE, LTD., Appellant.

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

Decided November 29, 2007.

The court erred in striking the answer, because plaintiff did not conclusively show that defendant acted willfully, contumaciously or in bad faith (see Dauria v City of New York, 127 A.D.2d 459, 460 [1987]). While defendant did not produce its president for a deposition despite having been directed to do so, it produced a witness, on the date scheduled for the president's deposition, who it represented had more knowledge than the...

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