From Casetext: Smarter Legal Research

Arnoff v. Lorio

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 581 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Nassau County (DiNoto, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Upon our review of the record, we agree with the Supreme Court that the defendant's failure to appear for a deposition, despite two previous court orders compelling her to do so, was willful and contumacious. Thus, the court was justified in striking the answer (see, CPLR 3126; Fucci v. Fucci, 166 A.D.2d 551). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.


Summaries of

Arnoff v. Lorio

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 581 (N.Y. App. Div. 1994)
Case details for

Arnoff v. Lorio

Case Details

Full title:HARVEY ARNOFF, Respondent, v. PIA LORIO, Formerly Known as PIA ARNOFF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1994

Citations

208 A.D.2d 581 (N.Y. App. Div. 1994)
618 N.Y.S.2d 218

Citing Cases

Owolabi v. Fairview Nursing Home, Inc.

Upon our review of the record, we agree with the Supreme Court that the appellant's failure to appear for a…

Dillon v. Dillon

Under the circumstances of this case, the provision of the order providing for sanctions if the defendant…