Bankers Trust Co. v. Monroe W. Ca. Corp.

Full title: BANKERS TRUST COMPANY, Respondent, v. MONROE WIRE CABLE CORP., Defendant…

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

Date published: Mar 5, 1998

248 A.D.2d 134 (N.Y. App. Div. 1998)

670 N.Y.S.2d 70

Opinion

March 5, 1998

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

The record demonstrates that appellants' failure to comply with discovery was willful, and the IAS Court therefore did not improvidently exercise its discretion in conditionally striking appellants' answer. In light of the foregoing, appellants' cross motion for summary judgment was properly denied.

Concur — Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.