Appellate Division of the Supreme Court of New York, 2009

B.E.N. Trading Corp. v. Shirley Import, Inc.

B.E.N. Trading Corp. v. Shirley Import, Inc.
Appellate Division of the Supreme Court of New York · Decided December 22, 2009
68 A.D.3d 629; 890 N.Y.2d 323
B.E.N. Trading Corp. v. Shirley Import, Inc.

Opinion of the Court

*630Defendants’ failure to offer a reasonable excuse for their noncompliance with discovery demands, court orders and the court’s rules gives rise to an inference of willful and contumacious conduct (Siegman v Rosen, 270 AD2d 14, 15 [2000]). The striking of their answer and third-party complaint was a proper exercise of judicial discretion in light of such conduct (CPLR 3126; see Kihl v Pfeffer, 94 NY2d 118, 123 [1999]). Concur— Sweeny, J.P., Catterson, Renwick, Freedman and Abdus-Salaam, JJ.

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