Lanzot v. Blecher

*409Order, Supreme Court, Bronx County (George D. Salerno, J.), entered January 21, 2003, which, inter alia, directed that defendant appear for deposition and refused to preclude his testimony at trial, unanimously affirmed, without costs.

Plaintiff argues that defendant’s disobedience of a prior “self-executing” compliance order automatically resulted in the preclusion of defendant’s trial testimony, and that it was therefore error to direct the taking of defendant’s deposition. No basis exists to disturb the motion court’s implicit finding that defendant’s failure to make himself available for…