From Casetext: Smarter Legal Research

Branch v. Crabtree

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1993
197 A.D.2d 558 (N.Y. App. Div. 1993)

Opinion

October 12, 1993

Appeal from the Supreme Court, Westchester County (Wood, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants' extensive delay in responding to the plaintiffs' interrogatories permits an inference that the delay in this case was willful, evasive, and obstructive (see, Wolfson v. Nassau County Med. Ctr., 141 A.D.2d 815; Linwood Roofing Contr. Co. v. Olit Assocs., 123 A.D.2d 840). Under the circumstances presented in this case, we find that the court's decision to sanction the defendants by striking the answer constituted a sound exercise of its discretion. Mangano, P.J., Sullivan, Miller and Pizzuto, JJ., concur.


Summaries of

Branch v. Crabtree

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1993
197 A.D.2d 558 (N.Y. App. Div. 1993)
Case details for

Branch v. Crabtree

Case Details

Full title:ESTHER BRANCH et al., Respondents, v. ROBERT CRABTREE et al., Appellants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1993

Citations

197 A.D.2d 558 (N.Y. App. Div. 1993)
603 N.Y.S.2d 765

Citing Cases

Moslem v. Demartino

Plaintiffs have effectively refused to respond to discovery or appear for depositions, despite Defendants…