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Sluiter v. Garrison Protective Services

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 296 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about November 22, 1995, which granted plaintiffs motion to strike defendant's answer, and judgment, same court and Justice, entered April 19, 1996, in favor of plaintiff on the issue of liability, unanimously affirmed, without costs.

Before: Wallach, J. P., Nardelli, Tom, Mazzarelli and Andrias, JJ.


We agree with the IAS Court that defendant's failure to comply with any of plaintiffs discovery demands as directed in two prior court orders warrants the striking of its answer ( see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3126:8, at 758-759). The willfulness of this noncompliance is inferable from the length of the delay and defendant's failure to offer an adequate excuse ( see, Seamon v Apel, 191 AD2d 406). How compliance was impeded, as defendant claims, by the criminal investigation into its operations is not explained. We have considered defendant's remaining contentions and find them to be without merit.


Summaries of

Sluiter v. Garrison Protective Services

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 296 (N.Y. App. Div. 1997)
Case details for

Sluiter v. Garrison Protective Services

Case Details

Full title:ANTON SLUITER, Respondent, v. GARRISON PROTECTIVE SERVICES, INC., Appellant

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

Date published: Jan 21, 1997

Citations

235 A.D.2d 296 (N.Y. App. Div. 1997)
653 N.Y.S.2d 3