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Conditional order striking answer trumps cross-motion for summary judgmentFebruary 3, 2016

Cps 227 LLC v Brody, 2016 NY Slip Op 00446 (1st Dept. 2016)

“Supreme Court properly struck defendant’s answer based on its finding that he failed to comply with a conditional order requiring compliance with discovery demands, and his pattern of disobeying discovery orders (see Fish & Richardson, P.C. v Schindler, 75 AD3d 219 [1st Dept 2010]). It also properly awarded plaintiff its attorneys’ fees and costs as a result of defendant’s discovery abuses. As plaintiff was entitled to have the answer struck and a default judgment entered on the complaint, the court properly awarded the sum alleged in the complaint without ordering an inquest, and correctly declined to consider the merits of defendant’s cross motion for summary judgment (see AWL Indus., Inc. v QBE Ins. Corp., 65 AD3d 904 [1st Dept 2009]).”

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