Legal Opinion

Varvitsiotes v. Pierre

Appellate Division of the Supreme Court of the State of New York

Decided April 27, 1999PublishedCited by 2 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Carol Huff, J.), entered December 16, 1997, which, inter alia, granted plaintiff’s motion to strike defendant’s answer pursuant to CPLR 3126, unanimously affirmed, with costs.

Uncontested evidence of discovery noncompliance by defendant, including his repeated and unexplained failures to attend court ordered depositions, warranted the striking of his answer pursuant to CPLR 3126 (see, Kutner v Feiden, Dweck & Sladkus, 223 AD2d 488, Iv denied 88 NY2d 802). Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.

2Cases cited1 opinion

  1. Kutner v. Feiden, Dweck & SladkusAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Reidel v. Ryder TRS, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Levy v. SalkindAppellate Division of the Supreme Court of the State of New York · 2000