Bankers Trust Co. v. Monroe Wire & Cable Corp.
Court: Appellate Division of the Supreme Court of the State of New York; March 4, 1998; New York; State Appellate Court
The Supreme Court of New York County, presided over by Justice Beatrice Shainswit, issued an order on May 30, 1997, conditionally granting the plaintiffs' motion to strike the defendants-appellants’ answer. The court also denied the appellants’ cross motion for summary judgment to dismiss the complaint. The ruling was affirmed unanimously without costs. The court found that the appellants willfully failed to comply with discovery requirements, which justified the conditional striking of their answer. Consequently, the denial of the appellants' cross motion for summary judgment was deemed appropriate. Justices Ellerin, Nardelli, Rubin, and Mazzarelli concurred with the decision.