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B.E.N. TRADING CORP., Plaintiff, v. SHIRLEY IMPORT, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. BINYAMIN ABADI et al., Third-Party Defendants-Respondents.

Defendants' failure to offer a reasonable excuse for their noncompliance with discovery demands, court orders and the court's rules gives rise to an inference of willful and contumacious conduct ( Siegman v Rosen, 270 AD2d 14, 15). The striking of their answer and third-party complaint was a proper exercise of judicial discretion in light of such conduct (CPLR 3126; see Kihl v Pfeffer, 94 NY2d 118, 123).

[Prior Case History: 2008 NY Slip Op 32006(U).]

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B.E.N. TRADING CORP. v. SHIRLEY IMPORT
(Dec 22, 2009)