B.E.N. TRADING CORP. v. SHIRLEY IMPORT

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).]