Appellate Division of the Supreme Court of New York, 2009

DeRiggi v. Brady

DeRiggi v. Brady
Appellate Division of the Supreme Court of New York · Decided December 8, 2009
68 A.D.3d 487; 888 N.Y.2d 891
DeRiggi v. Brady

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.