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MESSER v. KEYSPAN ENERGY DELIVERY, INC.

56 A.D.3d 738 (2008)

868 N.Y.S.2d 120

RICHARD MESSER, Appellant, v. KEYSPAN ENERGY DELIVERY, INC., et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

November 25, 2008.

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

The Supreme Court providently exercised its discretion in only conditionally granting that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the answer of the defendant New York City Transit Authority (hereinafter NYCTA). The drastic remedy of striking a defendant's answer is not warranted where there is no clear showing that its failure to comply with discovery demands...

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