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JENKINS v. PROTO PROPERTY SERVICES, LLC

54 A.D.3d 726 (2008)

864 N.Y.S.2d 79

TERESA JENKINS, Appellant, v. PROTO PROPERTY SERVICES, LLC, et al., Respondents.

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

September 9, 2008.

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

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendants' answer since "the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery demands is willful, contumacious, or in bad faith" ...

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