The court, on its own motion, struck defendant's pleadings for failure to comply with several earlier orders, including a conditional order, and properly denied 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 the striking of its answer and third-party complaint. The court struck defendant's pleadings after a hearing. Defendant did not submit new facts on renewal requiring a different result. The Appellate Division determined that the court acted within its discretion in enforcing the conditional order strictly, as there was outstanding discovery well after the deadline and defendant did not offer a reasonable excuse for its default in compliance.
ZDG LLC v. 310 Group LLC, NY Slip Op 02622 (1st Dep't April 29, 2021)
