ROLAND'S ELECTRIC, INC. v. USA ILLUMINATION, INC.

5631N, 109510/08.

90 A.D.3d 483 (2011)

934 N.Y.S.2d 157

2011 NY Slip Op 8978

ROLAND'S ELECTRIC, INC., Appellant, v. USA ILLUMINATION, INC., Respondent, et al., Defendant.

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

Decided December 13, 2011.


Although we find that the motion court properly exercised its discretion in declining to strike USA's answer, we grant the alternative relief that plaintiff seeks. The record shows that since 2008, USA, the manufacturer and/or distributor of the emergency light fixture alleged to have caused injury to the plaintiff in the underlying suit, has failed to respond and/or has furnished inadequate responses to plaintiff's numerous discovery requests, including requests to produce...

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