VARVITSIOTES v. PIERRE (1999)

Supreme Court, Appellate Division, First Department, New York.

Orestes VARVITSIOTES, Plaintiff-Respondent, v. Paul C. PIERRE, Defendant-Appellant.

Decided: April 27, 1999

ELLERIN, P.J., SULLIVAN, WALLACH, LERNER and BUCKLEY, JJ.

Andrew H. Rosenbaum, for Plaintiff-Respondent. Michael I. Josephs, for Defendant-Appellant.

Order, Supreme Court, New York County (Carol Huff, J.), entered December 16, 1997, which, inter alia, granted plaintiff's motion to strike defendant's answer pursuant to CPLR 3126, unanimously affirmed, with costs.

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, 637 N.Y.S.2d 15, lv. denied 88 N.Y.2d 802, 644 N.Y.S.2d 689, 667 N.E.2d 339).

MEMORANDUM DECISION.

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