Varvitsiotes v. Pierre

Full title: ORESTES VARVITSIOTES, Respondent, v. PAUL C. PIERRE, Appellant

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

Date published: Apr 27, 1999

260 A.D.2d 297 (N.Y. App. Div. 1999)

689 N.Y.S.2d 52

Opinion

April 27, 1999

Appeal from the Supreme Court, New York County (Carol Huff, J.).

Uncontested evidence of discovery noncompliance by defendant, including his repeated and unexplained failures to attend court ordered depositions, warranted the striking of his answer pursuant to CPLR 3126 ( see, Kutner v. Feiden, Dweck Sladkus, 223 A.D.2d 488, lv denied 88 N.Y.2d 802).

Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.