The plaintiff moved, pursuant to CPLR 3126, to strike the defendant's answer and for leave to enter a default judgment based on willful noncompliance with court-ordered discovery. The defendant opposed the motion. In an order dated February 22, 2016, the Supreme Court granted the plaintiff's motion. In March 2018, the defendant moved for leave to reargue its opposition to the plaintiff's motion and, alternatively, pursuant to CPLR 5015(a)(1), to vacate the February 22, 2016 order. In the order appealed from, the court denied the defendant's motion. The Appellate Division affirmed that the Supreme Court properly denied the motion to vacate the February 22, 2016 order. Since the plaintiff's motion to strike the answer and for leave to enter a default judgment was opposed on the merits, the order granting that motion was appealable, and the defendant's motion to vacate it was procedurally improper.
Hinds v. 33rd St. Astoria, LLC, NY Slip Op 04749 (2d Dep't August 25, 2021)
Tomorrow's issue: Extinguished agreements.
