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New Gold Equities v. Valoc Enters.

Striking Answer Inappropriate Remedy, But Sanctions of Attorney Fees and Costs Warranted

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The following e-filed documents, listed by NYSCEF document number 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 179, 180, 181, 182were read on this application to/for strike and dismiss the answerDECISION AND ORDER

*1Plaintiff New Gold Equities Corp. (“New Gold”) moves, pursuant to CPLR 3126, for an order striking and dismissing the answer of defendants Valoc Enterprises, Inc. (“Valoc”), Norman R. Berkowitz (“Berkowitz”), not in his individual capacity, but solely in his capacity as the executor and trustee of the estate of Rhoda Miller Goldman a/k/a Rhoda Miller, and the estate of Rhoda Miller Goldman a/k/a Rhoda Miller (collectively, “defendants”) with prejudice. BACKGROUNDAccording to the verified amended complaint, Valoc leased real estate property located at 212-223 East 43rd Street and 212-226 East 44th Street in Manhattan, from New Gold and its

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