Lynn Realty Corp. v. Unger

Full title: LYNN REALTY CORP., Respondent, v. STEVEN UNGER et al., Appellants

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

Date published: Jan 12, 1995

211 A.D.2d 465 (N.Y. App. Div. 1995)

621 N.Y.S.2d 863

Opinion

January 12, 1995

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).

Defendants completely ignored interrogatories properly served on them for more than a year, despite several requests by plaintiff and an order of the IAS Court to respond within 30 days or suffer dismissal of the counterclaims. Under the circumstances, it was not an improvident exercise of discretion for the court to strike the counterclaims upon plaintiff's motion (Sony Corp. v. Savemart, Inc., 59 A.D.2d 676).

Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.