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MAIGNAN v. NAHAR

37 A.D.3d 557 (2007)

830 N.Y.S.2d 249

EUSTACHE MAIGNAN et al., Respondents, v. AYNUN NAHAR, Appellant.

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

Decided February 13, 2007.

Ordered that the order is affirmed, with costs.

To invoke the drastic remedy of striking an answer, it must be shown that a defendant's failure to comply with a disclosure order was the result of willful and contumacious conduct (see CPLR 3126; Bates v Baez, 299 A.D.2d 382 [2002]). The willful and contumacious character of a party's conduct can be inferred from the repeated failures to comply with court-ordered discovery...

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