Legal Opinion
Seamon v. Apel
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1993PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Myriam Altman, J.), entered March 13, 1992, which, inter alia, granted plaintiffs’ motion to strike defendant-appellant’s answer, unanimously affirmed, with costs.
The IAS Court did not abuse its discretion in striking appellant’s answer for failure to comply with two prior orders directing him to appear for deposition. "When a discovery order is disobeyed, the court, in its discretion, may strike relevant pleadings” (Besson v Beirne, 188 AD2d 330, 331). "The fact that defendant has disappeared or made himself unavailable provides no basis for denying a…
2Cases cited3 opinions
- Mills v. DucilleAppellate Division of the Supreme Court of the State of New York · 1991
- Foti v. SueroAppellate Division of the Supreme Court of the State of New York · 1983
- Besson v. BeirneAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Kutner v. Feiden, Dweck & SladkusAppellate Division of the Supreme Court of the State of New York · 1996
- Periphery Loungewear, Inc. v. Kantron Roofing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Toribio v. J.D. Posillico, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Aliano v. LaMainaNew York Supreme Court · 1998
- Colton v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1999
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