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CASANAS v. THE CARLEI GROUP, LLC

3718, 101057/12.

149 A.D.3d 515 (2017)

2017 NY Slip Op 02902

52 N.Y.S.3d 330

PETER CASANAS et al., Respondents, v. THE CARLEI GROUP, LLC, et al., Appellants.

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

Decided April 13, 2017.

The motion court providently exercised its discretion in denying defendants' motion for an order striking the complaint, since such a drastic sanction is generally warranted "only upon a clear showing that the party's conduct was willful and contumacious" (CEMD El. Corp. v Metrotech LLC I, 141 A.D.3d 451, 453 [1st Dept 2016]; see Perez v New York City Tr. Auth., 73 A.D.3d 529 [1st Dept 2010...

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