Touray v. Munoz

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered on or about April 18, 2011, which granted plaintiff’s motion to strike defendants’ answer to the extent of striking defendant Jose Gonzalez’s answer unless he appeared for deposition within 45 days of the date of the order, unanimously affirmed, without costs.

Plaintiff established that defendant Gonzalez’s repeated failure to appear for a deposition, and his failure to comply with successive disclosure orders, were willful and contumacious (see Fish & Richardson, P.C. v Schindler, 75 AD3d 219, 220 [2010]). In opposition,…