Opinion
January 9, 1996
Appeal from the Supreme Court, New York County (Bertram Katz, J.).
The IAS Court properly exercised its discretion by enforcing the conditional order striking appellants' answer based on their non-compliance with the disclosure directives of that order. The explanations proffered by appellants for their noncompliance, including an admission that they refused to appear for depositions since they considered such to be pointless, are utterly insufficient to excuse their behavior. The imposition of the drastic remedy of striking appellants' answer was proper ( see, CPLR 3126), as the record is replete with examples of their willful and contumacious behavior. Despite ample opportunity and specific direction to comply with plaintiff's discovery demands, as well as explicit warning of the consequences of non-compliance, appellants continued to defy court orders without justification ( Stanfill Plumbing Heating Corp. v Dravo Constrs., 216 A.D.2d 101). We have considered appellants' other contentions and find them to be without merit.
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.