Plaintiffs sought to recover the security deposit given in connection with their lease of a condominium unit owned by defendants. The court granted plaintiffs' motion to strike defendants' answer for failure to comply with discovery obligations, and thereupon granted judgment in favor of plaintiffs in the amount of the deposit plus statutory interest. Contrary to defendants' arguments, the motion court could consider the lease, even though it was not submitted by plaintiffs in support of their motion to strike, because it had been e-filed in connection with an earlier motion.
Quadracci v. Freeman, NY Slip Op 04094 (1st Dep't June 24, 2021)
