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GUILIANO v. CARLISLE

286 A.D.2d 417 (2001)

730 N.Y.S.2d 240

BIAGIO GUILIANO, Plaintiff, v. RAYMOND G. CARLISLE et al., Defendants, HIGHVIEW-NYACK PROPERTIES, INC., Appellant, and LAW FIRM OF HOWARD MANN, Respondent. (And Related Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 20, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the Supreme Court, and the harsh penalty of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery demands was willful, contumacious, or in bad faith (see, DeCintio v Ahmed...

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