Opinion
April 29, 1999
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
Judgment was properly awarded as against the individual defendant because of his deliberate destruction of the very financial records that he removed from plaintiff's premises while in its employ, possession of which is one of the remedies sought by plaintiff in this action ( Hyosung [Am.] v. Woodcrest Fabrics, 106 A.D.2d 298, appeal dismissed 64 N.Y.2d 934; Ferraro v. Koncal Assocs., 97 A.D.2d 429). The corporate defendant was properly held in default on the motion for failure to appear by attorney (CPLR 321).
Concur — Rosenberger, J. P., Williams; Andrias, Saxe and Buckley, JJ.