| Barniak v Richter |
| 2008 NY Slip Op 05635 |
| Decided on June 17, 2008 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 17, 2008
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
MARK C. DILLON
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
2007-07771
(Index No. 3647/05)
v
Suzanne Richter, et al., appellants. Jules A. Epstein, P.C., Garden City, N.Y., for appellants.
James Thomas Murphy, Floral Park, N.Y. (Leslie W. Rubin of
counsel), for respondent.
DECISION & ORDER
In an action, inter alia, to set aside a transfer of real property as a fraudulent conveyance under the Debtor and Creditor Law, the defendants appeal from a judgment of the Supreme Court, Nassau County (Martin, J.), dated August 20, 2007, which, upon an order of the same court dated March 23, 2007, granting the plaintiff's motion pursuant to CPLR 3126 to strike the answer for failure to comply with a discovery order, inter alia, set aside the subject conveyance as fraudulent.
ORDERED that the judgment is affirmed, with costs.
The determination whether to strike a pleading for failure to comply with discovery orders lies within the sound discretion of the trial court (see CPLR 3126[3]; Maignan v Nahar, 37 AD3d 557; Matter of Cohn, 15 AD3d 655; Bates v Baez, 299 AD2d 382; Patterson v Greater N.Y. Corp. of Seventh Day Adventists, 284 AD2d 382, 383). Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiff's motion to strike the answer (see CPLR 3126[3]; Casey v Casey, 39 AD3d 579, 580; Pashayan v Corson, 306 AD2d 259; cf. Harris v City of New York, 211 AD2d 663, 664).
The defendants' remaining contentions are without merit.
SPOLZINO, J.P., RITTER, DILLON, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court