Opinion
May 28, 1996
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The drastic sanction of unconditionally striking a pleading pursuant to CPLR 3126 should not be invoked unless the resisting party's default is shown to be deliberate and contumacious ( see, Forestire v. Inter-Stop, Inc., 211 A.D.2d 751, 755; Eagle Star Ins. Co. v. Behar, 207 A.D.2d 326). In the present case, the willful and contumacious character of the appellant's default can be inferred from its noncompliance with three separate court orders directing depositions, coupled with either no excuse or an inadequate excuse for these defaults ( see, Glasburgh v. Port Auth., 193 A.D.2d 441; Mills v. Ducille, 170 A.D.2d 657, 658). Accordingly, the Supreme Court did not improvidently exercise its discretion in granting the motion of Otis Elevator Company to strike the appellant's answer and to dismiss its third-party complaint. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.