Practice point: Absent a showing that defendant's failure to comply with discovery obligations was willful or in bad faith, the court cannot strike defendant's answer.
Students should note that, unless there has been a motion to compel discovery, a CPLR 3216 motion to strike is premature.
W&W Glass, LLC v. 1113 York Ave. Realty Co. LLC, NY Slip Op 02786 (1st Dept. 2011
Tomorrow's issue is damages.
