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SIDELEV v. TSAL-TSALKO

52 A.D.3d 398 (2008)

860 N.Y.S.2d 96

DANIEL SIDELEV, Respondent, v. ROMAN TSAL-TSALKO et al., Appellants.

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

Decided June 24, 2008.

The court improvidently exercised its discretion under CPLR 3126 in denying defendants' motion to vacate the striking of their answer, since they did not have "prior notice ... that such a sanction might be imminent" (Postel v New York Univ. Hosp., 262 A.D.2d 40, 42 [1999]). Furthermore, the record indicates that the court never issued a written order at the conclusion of the preliminary...

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