Agron v. Response Vehicle, Inc.

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 29, 1997, which, inter alia, denied third-party plaintiff-appellant’s motion to strike the answer of third-party defendant-respondent New York City (City), unanimously modified, on the law, the facts and in the exercise of discretion, to grant the motion and strike the answer unless, within 45 days of the date of this order, the City pays costs to appellant in the amount of $1,500, and otherwise affirmed, with costs payable to third-party plaintiff.

*235The behavior of the City in inexcusably failing to appear at a deposition…