Gonzalez v. National Car Rental

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 11, 1990, which granted plaintiffs’ motion to strike defendant Pazmino’s answer if said defendant failed to appear for a deposition within 60 days, unanimously modified, on the law and on the facts and in the exercise of discretion, to the extent of allowing plaintiffs to place this matter on the trial calendar and precluding said defendant from testifying at trial unless he is produced for deposition within 60 days from the date of entry hereof and, except as thus modified, affirmed, without costs or disbursements.

Despite…