Greene v. New England Mutual Life Insurance

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered August 13, 1998, denying defendant’s motion to dismiss the complaint pursuant to CPLR 3126 as a discovery sanction and pursuant to CPLR 3216 for failure to prosecute, unanimously affirmed, with costs.

*522Inasmuch as it had been ordered that plaintiffs deposition was to take place at a time mutually convenient to the parties and defendant nonetheless noticed the deposition without consulting -plaintiff, the motion court properly determined that plaintiffs failure to appear did not warrant dismissal of the complaint pursuant to…