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THOMPSON v. DALLAS BBQ

2010-07813.

84 A.D.3d 1221 (2011)

923 N.Y.S.2d 357

EVELYN THOMPSON, Appellant, v. DALLAS BBQ et al., Respondents.

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

Decided May 24, 2011.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3126, "[a] court may strike an answer as a sanction if a defendant `refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed'" (Mazza v Seneca, 72 A.D.3d 754, 754 [2010], quoting CPLR 3126). The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound...

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