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ARIMONT v. IWAKAWA

60 A.D.3d 795 (2009)

874 N.Y.S.2d 392

PEDRO ARIMONT, JR., Respondent, v. NAOKI IWAKAWA, Appellant.

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

Decided March 17, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion by, in effect, denying that branch of his motion which was to strike the plaintiff's complaint for failure to comply with discovery demands, as a sanction under CPLR 3126 (see Pacheco v New York City Hous. Auth., 48 A.D.3d 534 [2008]). The defendant failed to make a clear...

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