Opinion
May 13, 1999
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
The Sonmez's complaint and the answer of third-party defendant LCK Restaurant Group, Inc., an entity controlled by plaintiff Kemal Sonmez, were properly struck pursuant to CPLR 3126 by reason of Kemal Sonmez's deliberate destruction of financial records crucial to the defense of the action (see, Hyosung [Am.] v. Woodcrest Fabrics, 106 A.D.2d 298, appeal dismissed 64 N.Y.2d 934). Also supportive of the motion court's determination to strike the pleadings was Kemal Sonmez's evidently willful refusal to produce other relevant records demanded by defendants and his failure to respond to questions regarding his stock ownership in World on Columbus, Inc., the corporation on behalf of which he purported to sue (see, Ricco v. Deepdale Gardens Apts. Corp., 113 A.D.2d 822). Plaintiffs were not entitled to a fact-finding hearing to determine the nature of documents they wrongfully discarded.
Concur — Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.