Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
OASIS SPORTSWEAR, INC., Plaintiff–Respondent, v. Patricia REGO, et al., Defendants–Appellants.
Patricia Rego, et al., Third–Party Plaintiffs–Appellants, v. Joseph Trachtman, Third–Party Defendant–Respondent. [And Another Action].
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered November 16, 2011, which, inter alia, granted plaintiff's motion to strike defendants' answer and counterclaims and ordered the case to inquest, unanimously affirmed, without costs.
Given that defendants had been ordered on three prior occasions to produce certain documents, and had been expressly warned that failure to do so again would result in the striking of their pleadings, the IAS court did not abuse its discretion in striking the pleadings, under CPLR 3126, when defendants again failed to produce the requested records (De Socio v. 136 E. 56th St. Owners, Inc., 74 A.D.3d 606, 903 N.Y.S.2d 45 [2010] ). We note that the repeated failure of defendants to produce, despite express orders to do so, amply demonstrates wilfulness and the lack of any reasonable excuse for such failure. Moreover, that the documents were relevant to plaintiff's defense to certain counterclaims constitutes prejudice sufficient to warrant the particular sanction imposed. To the extent defendants failed to comply with a conditional order of preclusion, they failed to demonstrate a reasonable excuse or a meritorious defense (see Gibbs v. St. Barnabas Hosp., 16 N.Y.3d 74, 917 N.Y.S.2d 68, 942 N.E.2d 277 [2010] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: May 10, 2012
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)