JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, res, v. TRIANGULO REAL ESTATE CORPORATION, ap

JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, res, v. TRIANGULO REAL ESTATE CORPORATION, ap — (INDEX NO. 4918/10)In an action, inter alia, for a judgment declaring a life insurance policy null, void, and rescinded, the defendant appeals, by permission, from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 20, 2011, which, upon a prior order of the same court dated June 6, 2011, which, among other things, granted the plaintiff's motion pursuant to CPLR 3126 to strike the defendant's answer to the extent of directing the defendant to comply with certain discovery demands, and upon the plaintiff's submission of an "affirmation of non-compliance," granted the plaintiff's application to strike the answer.

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JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, res, v. TRIANGULO REAL ESTATE CORPORATION, ap — (INDEX NO. 4918/10)In an action, inter alia, for a judgment declaring a life insurance policy null, void, and rescinded, the defendant appeals, by permission, from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 20, 2011, which, upon a prior order of the same court dated June 6, 2011, which, among other things, granted the plaintiff’s motion pursuant to CPLR 3126 to strike the defendant’s answer to the extent of directing the defendant to comply with certain discovery demands, and upon the plaintiff’s submission of an “affirmation of non-compliance,” granted the plaintiff’s application to strike the answer.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the plaintiff’s application to strike the defendant’s answer, and substituting therefor a provision granting the application to the extent of directing that a negative inference charge be given at trial as to any documents the defendant was legally required to maintain, including payroll and tax records and books and records of account and otherwise denying the application; as so modified, the order is affirmed, without costs or disbursements.

JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, res, v. TRIANGULO REAL ESTATE CORPORATION, ap

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