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DERIGGI v. BRADY

1703, 1703A, 104300/07

68 A.D.3d 487 (2009)

2009 NY Slip Op 9085

888 N.Y.S.2d 891

KENNETH DERIGGI, Respondent, v. EDWARD BRADY et al., Appellants, et al., Defendants.

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

Decided December 8, 2009.

Defendants' unexplained failure to comply with several disclosure orders, the last of which explicitly advised that defendants' answer would be struck if compliance were not forthcoming, was willful and contumacious and warranted the extreme sanction of striking of their answer (see Zletz v Wetanson, 67 N.Y.2d 711 [1986]; Helms v Gangemi, 265 A.D.2d 203, 204 [1999]). We have considered defendants...

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