DALE CROOKE, plf-res, v. MICHAEL BONOFACIO def-ap

3103N. DALE CROOKE, plf-res, v. MICHAEL BONOFACIO def-ap — Gordon & Rees, Harrison (Allyson Avila of counsel), for ap — Block O’Toole & Murphy, New York (David L. Scher of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about July 15, 2015, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion to strike the answer of defendants Continuum Health Partners, Inc. and St. Luke’s Roosevelt Hospital Center (collectively St. Luke’s) to the extent of striking St. Luke’s affirmative defense of justification, unanimously affirmed, without costs.

The court properly exercised its discretion under CPLR 3126 by striking St. Luke’s affirmative defense of justification because plaintiff demonstrated that the failure to produce defendant Michael Bonofacio, who was accused by plaintiff of misconduct, for his deposition, was willful, deliberate, contumacious, and done in bad faith (see Williams v. Shiva Ambulette Serv., Inc., 102 AD3d 598 [1st Dept 2013]). Moreover, St. Luke’s failed to provide a reasonable excuse for its failure to comply (compare Catarine v. Beth Israel Med. Ctr., 290 AD2d 213, 215 [1st Dept 2002]). The record shows that St. Luke’s repeatedly failed to respond to plaintiff’s inquiries about producing Bonofacio for deposition, and neglected to disclose — until well after the instant motion was filed — that it had terminated his employment causing him to refuse to appear.