ZDG LLC v. 310 GROUP LLC (2021)

Order, Supreme Court, New York County (Tanya R. Kennedy, J.), entered February 6, 2020, which, to the extent appealed from as limited by the briefs, denied defendant 310 Group LLC's motion for renewal with respect to an order, entered August 12, 2019, sua sponte striking defendant's answer and third-party complaint, unanimously affirmed, without costs.  Appeal from August 12, 2019 order, unanimously dismissed, without costs.

The court, which, on its own motion, struck defendant's pleadings in the August 12, 2019 order, following defendant's failure to comply with several earlier orders, including a conditional order, providently exercised its discretion in denying defendant's motion for renewal.  The conditional order required defendant to provide responses by certain dates and stated that failure to provide discovery as required “will result” in its answer and third-party complaint being struck.  The court struck defendant's pleadings after hearing from the parties on its noncompliance with the conditional order.  Defendant did not submit new facts on renewal requiring a different result.  Although defendant urged that it was in “substantial compliance” with the deadlines set forth in the conditional order within two months after the deadline, the court acted within its discretion in enforcing the conditional order strictly, in light of the fact that discovery remained outstanding well after the deadline and that defendant did not offer a reasonable excuse for its default in compliance.

We have considered defendant's remaining contentions and find them unavailing.