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LEE v. 13TH ST. ENTERTAINMENT LLC

6662N. 159405/14.

161 A.D.3d 631 (2018)

78 N.Y.S.3d 26

2018 NY Slip Op 03751

Robert Lee, Respondent, v. 13th Street Entertainment LLC et al., Appellants, et al., Defendants.

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

Decided May 24, 2018.

A court may strike an answer only when the moving party establishes "a clear showing that the failure to comply is willful, contumacious or in bad faith" (Palmenta v Columbia Univ., 266 A.D.2d 90, 91 [1st Dept 1999]). Here, it was improper for the motion court to strike defendants' answer because plaintiff failed to establish that defendants' conduct was willful, contumacious or in bad faith. Although defendants failed to produce...

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