DeRiggi v Brady

DeRiggi v Brady 2009 NY Slip Op 09085 [68 AD3d 487] December 8, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Kenneth DeRiggi, Respondent,
v
Edward Brady et al., Appellants, et al., Defendants.

—[*1] David E. Frazer, New York, for appellants.

Abraham, Lerner & Arnold, LLP, New York (Frank P. Winston of counsel), for respondent.

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.

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