| Walker v Foreman |
| 2013 NY Slip Op 01494 [104 AD3d 460] |
| March 12, 2013 |
| Appellate Division, First Department |
| Rock J. Walker, Appellant, v Scott Foreman, AlsoKnown as Skot Foreman, Respondent. |
—[*1] Kaufman & Serota, Rockville Centre (Lila N. Serota of counsel), forrespondent.
Order, Supreme Court, New York County (Paul Wooten, J.), entered May 6, 2011,which granted defendant's motion to strike plaintiff's pleadings, unanimously affirmed,without costs. Judgment, same court and Justice, entered July 14, 2011, awardingdefendant damages in the amount of $116,530, unanimously reversed, on the law,without costs, the judgment vacated, and the matter remanded for a new inquest ondamages.
The court providently exercised its discretion in striking plaintiff's pleadings, givenplaintiff's intentional and unexcused failure to comply with more than three orders, someof them stipulated to by plaintiff, to produce documents relevant to the case (CPLR3126; Oasis Sportswear, Inc. vRego, 95 AD3d 592 [1st Dept 2012]). However, as an appearing party whosepleadings were stricken, plaintiff was entitled to five days notice of the inquest (CPLR3215 [g]; Rokina Opt. Co. v Camera King, 63 NY2d 728, 730 [1984]). Thefailure to give such notice requires a new inquest, on proper notice.Concur—Sweeny, J.P., Moskowitz, Abdus-Salaam, Román and Feinman,JJ.