Legal Opinion
Reitte v. Entermy Cab Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 1990PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Hansel McGee, J.), entered on or about June 2, 1989, granting plaintiff’s motion to strike defendant’s answer and setting the matter down for an inquest on damages, unanimously affirmed, with costs and disbursements.
That the defendant has disappeared or made himself unavailable provides no basis for denying a motion to strike his answer, particularly in the face of continued defaults and requests for appearance for examinations before trial. (Moriates v Powertest Petroleum Co., 114 AD2d 888; Foti v Suero, 97 AD2d 748.)
In this instance, the defendant was…
2Cases cited2 opinions
- Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Foti v. SueroAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by8 opinions
- Gonzalez v. PaniccioliAppellate Division of the Supreme Court of the State of New York · 1991
- Brady v. ZambranaAppellate Division of the Supreme Court of the State of New York · 1995
- Montgomery v. ColoradoAppellate Division of the Supreme Court of the State of New York · 1992
- Besson v. BeirneAppellate Division of the Supreme Court of the State of New York · 1992
- Guang Jing Chen v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1998
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