SLUITER v. GARRISON PROTECTIVE SERVICES INC (1997)

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

Anton SLUITER, Plaintiff-Respondent, v. GARRISON PROTECTIVE SERVICES, INC., Defendant-Appellant.

Decided: January 21, 1997

Before WALLACH, J.P., and NARDELLI, TOM, MAZZARELLI and ANDRIAS, JJ.

Howard A. Suckle, for Plaintiff-Respondent. Lawrence A. Salvato, for Defendant-Appellant.

Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about November 22, 1995, which granted plaintiff's motion to strike defendant's answer, and judgment, same court and Justice, entered April 19, 1996, in favor of plaintiff on the issue of liability, unanimously affirmed, without costs.

We agree with the IAS Court that defendant's failure to comply with any of plaintiff's discovery demands as directed in two prior court orders warrants the striking of its answer (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3126:8 at 758-759). The willfulness of this noncompliance is inferable from the length of the delay and defendant's failure to offer an adequate excuse (see, Seamon v. Apel, 191 A.D.2d 406, 595 N.Y.S.2d 202). How compliance was impeded, as defendant claims, by the criminal investigation into its operations is not explained. We have considered defendant's remaining contentions and find them to be without merit.

MEMORANDUM DECISION.

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