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B.E.N. TRADING CORP. v. SHIRLEY IMPORT, INC.

1836, 1836A, 602707/05, 590872/05

68 A.D.3d 629 (2009)

2009 NY Slip Op 9535

890 N.Y.S.2d 323

B.E.N. TRADING CORP., Plaintiff, v. SHIRLEY IMPORT, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. BINYAMIN ABADI et al., Third-Party Defendants-Respondents.

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

Decided December 22, 2009.

Defendants' failure to offer a reasonable excuse for their noncompliance with discovery demands, court orders and the court's rules gives rise to an inference of willful and contumacious conduct (Siegman v Rosen, 270 A.D.2d 14, 15 [2000]). The striking of their answer and third-party complaint was a proper exercise of judicial discretion in light of such conduct (CPLR 3126; see Kihl v Pfeffer, 94 N.Y.2d 118...

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