Perez v. Vasquez

Order, Supreme Court, New York County (Paul Wooten, J.), entered September 10, 2008, which granted plaintiff’s motion to strike defendants’ answer and proceed to trial on damages only, unanimously modified, on the law and the facts and in the exercise of discretion, the answer reinstated, defendant Frank Livery Service precluded from offering any evidence at plenary trial unless it produces a witness for deposition within 60 days of the date of this order, and pays *495the entire costs of this deposition, and otherwise affirmed, without costs.

The court’s prior orders provided preclusion as the…