CPS 227 LLC v. BRODY

654378/13 -18 17 16

135 A.D.3d 607 (2016)

22 N.Y.S.3d 871

2016 NY Slip Op 00446

CPS 227 LLC, Respondent, v. MARTIN BRODY, Appellant.

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

Decided January 26, 2016.


Supreme Court properly struck defendant's answer based on its finding that he failed to comply with a conditional order requiring compliance with discovery demands, and his pattern of disobeying discovery orders (see Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219 [1st Dept 2010]). It also properly awarded plaintiff its attorneys' fees and costs as a result of defendant's discovery...

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