Weinstein v. Gindi

The motion court providently exercised its discretion in striking plaintiff Weinstein’s pleading and dismissing his claims based on his willful refusal to appear for deposition in this action (CPLR 3126; Fisk & Richardson, P.C. v Schindler, 75 AD3d 219, 220 [2010]). Weinstein commenced the action in New York County and was ordered to appear for deposition by August 5, *5272009. Depositions of parties to an action are generally held in the county where the action is pending; if a party demonstrates that conducting his deposition in that county would cause undue hardship, the Supreme Court in…