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Blake v. Mamadou

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 2001
281 A.D.2d 301 (N.Y. App. Div. 2001)

Opinion

March 22, 2001.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 10, 2000, which, inter alia, struck the answer of defendant Barry Mamadou, unanimously modified, on the law and the facts, to vacate the striking of the answer, and in lieu thereof to direct that defendant Mamadou is precluded from testifying at trial unless he appears for an examination before trial, and otherwise affirmed, without costs.

Pauline Glaser, for defendant-respondent.

Before: Sullivan, P.J., Rosenberger, Nardelli, Tom, Mazzarelli, JJ.


The record provides indication that defendant Mamadou's failure to appear for deposition was not willful, but resulted from his attorney's inability to locate him at his last known address. Although a client has an obligation to remain in communication with his attorney, defendant's failure to communicate is not by itself a sufficient ground upon which to strike his answer (see, Heyward v. Benyarko, 82 A.D.2d 751).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Blake v. Mamadou

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 2001
281 A.D.2d 301 (N.Y. App. Div. 2001)
Case details for

Blake v. Mamadou

Case Details

Full title:LISA BLAKE, PLAINTIFF-RESPONDENT, v. BARRY MAMADOU, DEFENDANT-APPELLANT…

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

Date published: Mar 22, 2001

Citations

281 A.D.2d 301 (N.Y. App. Div. 2001)
722 N.Y.S.2d 158

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