| SW Prods., Inc. v CBGB Festival, LLC |
| 2019 NY Slip Op 04044 [172 AD3d 593] |
| May 23, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| SW Productions, Inc., Appellant, v CBGB Festival, LLC, et al., Respondents, et al., Defendants. (And Other Actions.) |
Mark L. Lubelsky and Associates, New York (Mark L. Lubelsky and Josef K. Mensah of counsel), for appellant.
Sher Tremonte LLP, New York (Kimo S. Peluso of counsel), for respondents.
Order, Supreme Court, New York County (Andrea Masley, J.), entered December 5, 2017, which, to the extent appealed from as limited by the briefs, granted the motion of defendants CBGB Festival, LLC and 315 Bowery Holdings, LLC to strike the amended complaint, unanimously affirmed, without costs.
The motion court exercised its discretion in a provident manner in granting the motion to strike the complaint. The record demonstrates that plaintiff willfully and contumaciously failed to meaningfully comply with its discovery obligations as set forth in several court orders (see e.g. Eli Cabinetry, Inc. v P.C. Consulting Mgt. Corp., 158 AD3d 482 [1st Dept 2018]; Anron Heating & A.C., Inc. v AMCC Corp., 133 AD3d 542 [1st Dept 2015]; CPLR 3126 [3]). Concur—Renwick, J.P., Manzanet-Daniels, Kahn, Kern, Moulton, JJ.