Zak v Mintz
2010 NY Slip Op 00207 [69 AD3d 454]
January 12, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 10, 2010


Irina Zak, Appellant,
v
Betty Mintz, Respondent.

[*1] Irina Zak, appellant pro se.

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr. of counsel), for respondent.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 4, 2008, which denied plaintiff's motion to strike the answer, unanimously affirmed, without costs.

There was no evidence that defendant refused to obey an order for disclosure or wilfully failed to disclose information. Plaintiff declined the court's offer to submit interrogatories or to conduct a continued deposition of defendant. Accordingly, denial of the motion was a proper exercise of the court's discretion (Gross v Edmer Sanitary Supply Co., 201 AD2d 390 [1994]). Concur—Saxe, J.P., Catterson, Moskowitz, DeGrasse and Abdus-Salaam, JJ.