In re Salkind

1 Citing case

  1. Old Republic Gen. Ins. Corp. v. Scala Contracting Co.

    2021 N.Y. Slip Op. 30514 (N.Y. Sup. Ct. 2021)

    Finally, the court does not find that the conduct of Lloyds and Scottsdale with respect to discovery has been willful, deliberate, or contumacious in a manner necessary to invoke the court's discretion to strike their answers (Hunter Mechanical Corp. v Salkind, 237 AD2d 180, 180 [1st Dept 1997] ["Striking the answer of a party is an 'extreme and drastic penalty,' warranted where the conduct is 'clearly deliberate or contumacious'"]). That portion of Plaintiff's motion is, therefore, denied.