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DeRiggi v. Brady

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 8, 2009

KENNETH DERIGGI, PLAINTIFF-RESPONDENT,
v.
EDWARD BRADY, ET AL., DEFENDANTS-APPELLANTS, MARK SAAD, ET AL., DEFENDANTS.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 1, 2009, which granted plaintiff's motion pursuant to CPLR 3126 to strike defendants' answer and counterclaims, unanimously affirmed, with costs. Order, same court and Justice, entered July 2, 2009, which, to the extent appealable, denied defendants' motion to renew or to vacate the April 1 order, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Saxe, Sweeny, Moskowitz, Abdus-Salaam, JJ.

104300/07

Defendants' unexplained failure to comply with several disclosure orders, the last of which explicitly advised that defendants' answer would be struck if compliance were not forthcoming, was willful and contumacious and warranted the extreme sanction of striking of their answer (see Zletz v Wetanson, 67 NY2d 711 [1986]; Helms v Gangemi, 265 AD2d 203, 204 [1999]). We have considered defendants' other contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091208

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