Aliano v. Lamaina
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated September 30, 1997, which granted the plaintiffs motion pursuant to CPLR 3126 to strike his answer.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in granting the plaintiffs motion to strike the defendant’s answer since the defendant had disappeared or made himself unavailable for scheduled examinations before trial (see, Cavallino v Sonsky, 251 AD2d 361; Dash v DK Tr., 239 AD2d 313;…
2Cases cited5 opinions
- Rowe v. Lee Gee SookAppellate Division of the Supreme Court of the State of New York · 1996
- Spataro v. ErvinAppellate Division of the Supreme Court of the State of New York · 1992
- Boera v. BatzAppellate Division of the Supreme Court of the State of New York · 1997
- Cavallino v. SonskyAppellate Division of the Supreme Court of the State of New York · 1998
- Dash v. DK Transit Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by2 opinions
- Nicoletti v. Ozram Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Yellow Trading Ltd. v. Fratelli Ricatto Import & Export Co.Appellate Division of the Supreme Court of the State of New York · 2001