Blanding v. Return Housing Corp.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 31, 2000, which granted plaintiffs’ motion to strike defendants’ answer, unanimously modified, on the facts, to grant the motion only as against any defendant that does not appear for deposition within 60 days of the date of this order, and otherwise affirmed, without costs.

Plaintiffs did not conclusively show that the nonappearance for deposition of defendant driver and defendant owners of the vehicle involved in the accident, in accordance with a preliminary conference order, was willful, contumacious or…