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GIBBS v. ST. BARNABAS HOSPITAL

61 A.D.3d 599 (2009)

878 N.Y.S.2d 38

MARVIN GIBBS, Respondent, v. ST. BARNABAS HOSPITAL, Respondent, and FAUSTO VINCES, M.D., Appellant, et al., Defendants.

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

Decided April 30, 2009.

The law strongly prefers that matters be decided on their merits (Catarine v Beth Israel Med. Ctr., 290 A.D.2d 213, 215 [2002]). Accordingly, the drastic sanction of striking a pleading is inappropriate without a clear showing that the failure to comply with disclosure obligations was willful, contumacious, or the result of bad faith (see Cespedes v Mike & Jac Trucking Corp., 305 A.D.2d 222...

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