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SEARS ROEBUCK AND CO. v. VORNADO REALTY TRUST

5890N 156171/14.

159 A.D.3d 436 (2018)

69 N.Y.S.3d 481

2018 NY Slip Op 01421

SEARS ROEBUCK AND CO., Appellant, v. VORNADO REALTY TRUST et al., Respondents.

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

Decided March 1, 2018.

Nothing in the record suggests that defendants acted willfully, contumaciously, or in bad faith, warranting the drastic remedy of striking the answer (see Henderson-Jones v City of New York, 87 A.D.3d 498, 504 [1st Dept 2011]). Indeed, defendants produced responsive documents to requests that were the subject of plaintiff's motion, as shown by their affirmation in support of the first cross motion, of which this Court takes judicial...

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