Eli Cabinetry, Inc. v. P.C. Consulting Mgmt. Corp., 5678N

• Decision Date: 08 February 2018
• Docket Number: Index 152751/14 ,5678NA ,650700/15,5678N
• Citation: 67 N.Y.S.3d 840 (Mem),158 A.D.3d 482
• Parties: ELI CABINETRY, INC., etc., et al., Plaintiffs, v. P.C. CONSULTING MANAGEMENT CORP., et al., Defendants–Appellants, SP 103 E 86 LLC, Defendant–Respondent, "John Doe," etc., Defendant. P.C. Consulting Management Corp., Plaintiff–Appellant, v. SP 103 E 86 LLC, et al., Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

158 A.D.3d 482

67 N.Y.S.3d 840 (Mem)

ELI CABINETRY, INC., etc., et al., Plaintiffs,

v.P.C. CONSULTING MANAGEMENT CORP., et al., Defendants–Appellants,SP 103 E 86 LLC, Defendant–Respondent,"John Doe," etc., Defendant.

P.C. Consulting Management Corp., Plaintiff–Appellant,

v.SP 103 E 86 LLC, et al., Defendants–Respondents.

5678N

5678NA

Index 152751/14

650700/15

Supreme Court, Appellate Division, First Department, New York.

ENTERED: FEBRUARY 8, 2018

Rabinowitz, Galina & Rosen, Mineola (Gayle A. Rosen of counsel), for appellants.

Greenberg Traurig, LLP, New York (Michael P. Manning of counsel), for respondents.

Friedman, J.P., Sweeny, Kahn, Gesmer, Singh, JJ.

Order, Supreme Court, New York County (Michael L. Katz, J.), entered on or about January 14, 2016, as amended by order entered February 5, 2016, which, among other things, granted the motion of SP 103 E 86 LLC (defendant in both actions) and the Guarantee Company of North America–USA (defendant in the second action) and the cross motion of Eli Cabinetry, Inc. (plaintiff in the first action) to strike the answer of P.C. Consulting Management Corp. (defendant in the first action and plaintiff in the second) and Paul Gambino (defendant in the first action); granted judgment in favor of SP 103 and Eli Cabinetry on their claims against P.C. Consulting and Gambino; directed an inquest on damages, attorney's fees and expenses; and dismissed P.C. Consulting's complaint; and cancelled a $360,778 undertaking, unanimously affirmed, without costs. Appeal from so-ordered transcript, same court (Donna M. Mills, J.), entered December 22, 2015, unanimously dismissed, without costs.

The motion court providently exercised its discretion in granting the motion and cross motion to strike the pleadings of P.C. Consulting and Paul Gambino (together, appellants) on the ground that they willfully and contumaciously failed to comply with their discovery obligations set forth in the court's order entered July 20, 2015 (see G.M. Data Corp. v. Potato Farms, LLC, 95 A.D.3d 592, 593, 944 N.Y.S.2d 102 [1st Dept. 2012] ; Toribio v. J.D. Posillico, Inc., 268 A.D.2d 394, 395, 702 N.Y.S.2d 278 [1st Dept. 2000] ).

We have considered appellants' remaining contentions and find them unavailing.