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LOEB v. ASSARA N.Y. I L.P.

12671N, 113049/09.

118 A.D.3d 457 (2014)

987 N.Y.S.2d 365

2014 NY Slip Op 4064

JASON LOEB, Respondent, v. ASSARA NEW YORK I L.P. et al., Appellants.

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

Decided June 5, 2014.

The court did not abuse its discretion in striking defendants' answer, given defendants' unexcused failure to comply with at least three court orders requiring them to provide supplemental responses to plaintiff's discovery demands and produce a witness with knowledge for deposition by specific dates (CPLR 3126 [3]; see also Williams v Shiva Ambulette Serv. Inc., 102 A.D.3d 598, 599 [1st Dept 2013]). Each of the subject orders expressly...

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