FISH v. SCHINDLER

601327/07, 2599N.

75 A.D.3d 219 (2010)

901 N.Y.S.2d 598

FISH & RICHARDSON, P.C., Respondent, v. RANDY SCHINDLER, Appellant.

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

Decided May 25, 2010.


Attorney(s) appearing for the Case

Danzig Fishman & Decea, White Plains ( Donald S. Campbell , Donald G. Davis and Jenifer J. Liu of counsel), for appellant.

Brown & Whalen, P.C., New York City ( Rodney A. Brown and Ryan J. Whalen of counsel), for respondent.

TOM, J.P., MAZZARELLI, ACOSTA and DEGRASSE, JJ., concur.


OPINION OF THE COURT

RICHTER, J.

This appeal brings up for review an order of Supreme Court that granted plaintiff's motion to strike defendant's answer for failing to comply with multiple court orders and discovery deadlines. CPLR 3126 provides that if a party "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed ..., the court may make such orders ... as are just." A court...

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