Besson v. Beirne

Order, Supreme Court, New York County (Charles Ramos, J.), entered August 28, 1991, which granted motions by plaintiff and co-defendant Todini to strike defendant-appellant Beirne’s pleadings unless he appeared for deposition within 60 days of service of the order, unanimously affirmed, with costs.

The defendant, Joseph Beirne, was driving a vehicle rented from The Hertz Corporation. He allegedly ran a red light and struck co-defendant Todini’s car, causing serious injury to the passenger-plaintiff, Anouk Besson. Beirne was charged with a misdemeanor for leaving the scene of an accident.

A…