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TURK EXIMBANK-EXPORT CREDIT BANK OF TURKEY v. BICAKCIOGLU

4256, 603570/07.

81 A.D.3d 494 (2011)

916 N.Y.S.2d 502

TURK EXIMBANK-EXPORT CREDIT BANK OF TURKEY, for Itself and Derivatively on Behalf of E.T.I. INTERNATIONAL, INC., Respondent, v. ILHAM BICAKCIOGLU et al., Appellants, et al., Defendants.

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

Decided February 15, 2011.

Supreme Court providently exercised its discretion in striking appellants' answer and entering judgment in plaintiff's favor. Appellants' repeated failure to offer a reasonable excuse for their noncompliance with discovery requests gives rise to an inference of willful and contumacious conduct that warranted the striking of the answer (see Figiel v Met Food, 48 A.D.3d 330 [2008]; CPLR 3126 [3]). Contrary to appellants' contention...

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