COOPER v. METROPOLITAN TRANSP. AUTH.

Index No. 451882/2014E. Appeal No. 11896N. Case No. 2020-00116.

186 A.D.3d 1150 (2020)

129 N.Y.S.3d 330

2020 NY Slip Op 05132

Carolyn Cooper, Respondent, v. Metropolitan Transportation Authority et al., Appellants, et al., Defendants.

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

Decided September 29, 2020.


The court properly granted plaintiff's motion to strike the MTA defendants' answer (see CPLR 3126). The MTA defendants violated seven orders over the course of three years requiring the deposition of their witness to be held and offered no excuse for their repeated failure to comply. Such pattern of noncompliance gave rise to an inference of willful and contumacious conduct (see Rodriguez v United Bronx Parents, Inc...

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