Opinion
2017–12691 Index No. 23538/10
05-08-2019
Doris ABIZEID, Respondent, v. TURNER CONSTRUCTION COMPANY, et al., Appellants, et al., Defendants.
Malapero & Prisco, LLP, New York, N.Y. (George L. Mahoney of counsel), for appellants. Thomas Pietrantonio, P.C., Port Washington, NY, for respondent.
Malapero & Prisco, LLP, New York, N.Y. (George L. Mahoney of counsel), for appellants.
Thomas Pietrantonio, P.C., Port Washington, NY, for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendants Turner Construction Company, Wolkow–Braker Roofing Corp., Kings County Waterproofing Corp., and Botto Mechanical Corporation appeal from an order of the Supreme Court, Nassau County (James P. McCormack, J.), dated September 18, 2017. The order, insofar as appealed from, granted the plaintiff's motion pursuant to CPLR 3126 to strike the answer of those defendants.
ORDERED that the order is affirmed insofar as appealed from, with costs.
"The nature and degree of a penalty to be imposed under CPLR 3126 for discovery violations is addressed to the court's discretion" ( Crupi v. Rashid, 157 A.D.3d 858, 859, 67 N.Y.S.3d 478 ). Here, the Supreme Court providently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 3126 to strike the appellants' answer. The appellants' willful and contumacious conduct may be inferred from their undisputed failure, without an adequate excuse, to comply with an order of the court dated January 10, 2017, as well as from their previous failure to comply with the plaintiff's March 10, 2015, discovery demand (see Mears v. Long, 149 A.D.3d 823, 824, 52 N.Y.S.3d 124 ).
DILLON, J.P., LEVENTHAL, HINDS–RADIX and DUFFY, JJ., concur.