Masik v. Lutheran Medical Center

*733Despite the failure of the defendant Nawaiz Ahmad to appear for a court-ordered deposition, the Supreme Court providently exercised its discretion in declining to impose the drastic remedy of striking his answer (see CPLR 3126 [3]; Deans v Jamaica Hosp. Med. Ctr., 64 AD3d 744 [2009]; see also Pirro Group, LLC v One Point St., Inc., 71 AD3d 654 [2010]; Novick v DeRosa, 51 AD3d 885 [2008]). Skelos, J.E, Leventhal, Lott and Miller, JJ., concur.

Motion by the defendant Nawaiz Ahmad to dismiss an appeal from an order dated June 4, 2010, on the ground that it has been rendered academic.

Upon the…