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ROSENGARTEN v. BORN

651147/14-651148/14-651149/14, 6549N, 6548, 6547, 6546, 6545, 6544.

161 A.D.3d 515 (2018)

76 N.Y.S.3d 549

2018 NY Slip Op 03465

Gerald Rosengarten, Respondent, v. Richard Born et al., Appellants. Ruandro LLC, Respondent, v. Richard Born et al., Appellants. Gerald Rosengarten, Respondent, v. Richard Born et al., Appellants, et al., Defendant.

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

Decided May 10, 2018.

The motion court's decision to strike, based on a finding that defendants' conduct with respect to its discovery obligations was willful and contumacious and without reasonable excuse, was a proper exercise of its discretion (see e.g. Spira v Antoine, 191 A.D.2d 219 [1st Dept 1993]; CPLR 3126). The record amply demonstrates that from the start of the discovery process defendants engaged in a pattern of willful and contumacious conduct...

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