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LAW OFFICES OF MARNELL v. SANABRIA

4102N. 157206/14.

151 A.D.3d 605 (2017)

2017 NY Slip Op 05153

54 N.Y.S.3d 289

LAW OFFICES OF RUSSELL I. MARNELL, Respondent, v. ANGELA SANABRIA, Appellant.

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

Decided June 22, 2017.

Upon the record before us, it does not appear that the pro se defendant's conduct was willful and contumacious and, thus, the drastic sanction of striking her answer is not warranted, given the lack of prejudice to plaintiff as a result of defendant's delay in answering the interrogatories (see Pezhman v Department of Educ. of the City of N.Y., 95 A.D.3d 625 [1st Dept 2012]; Cigna Prop. & Cas. Co. v Decoration & Design...

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