Selamaj v. City of New York

Full title: LOUIS SELAMAJ et al., Appellants, v. CITY OF NEW YORK et al., Respondents

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

Date published: Jan 19, 1999

257 A.D.2d 616 (N.Y. App. Div. 1999)

684 N.Y.S.2d 559

Opinion

January 19, 1999.

Appeal from the Supreme Court, Kings County (Hutcherson, J.).

Ordered that the order is affirmed, with costs.

It is well settled that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith ( see, CPLR 3126; Parish Constr. Corp. v. Franlo Tile, 215 A.D.2d 545; Harris v. City of New York, 211 A.D.2d 663). In this case, the plaintiffs failed to make such a showing. Notably, the defendants' delay in complying with a pre-calendar order was relatively minor and did not cause the plaintiffs to suffer any prejudice ( see, Hocevar v. Honig Indus. Diamond Wheel, 172 A.D.2d 588).

Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.