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DOINO v. RPS CORP.

2517N, 157452/13.

145 A.D.3d 576 (2016)

2016 NY Slip Op 08478

41 N.Y.S.3d 892

MICHAEL DOINO, Appellant, v. RPS CORP., Respondent, et al., Defendants.

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

Decided December 15, 2016.

We agree with the motion court that the drastic remedy of striking defendant's answer, pursuant to CPLR 3126, was not warranted.

Plaintiff failed to show that he has been unduly prejudiced by the delay, and concedes that defendant was in compliance with the prior court orders as of January 2016. Moreover, defendant has been penalized for its belated responses and disclosure; pursuant to a conditional self-executing order...

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