Hutson v. Allante Carting Corp.

The motion court properly exercised its discretion in striking defendants’ answer for twice failing to appear for a court-ordered deposition. Defendants’ attorney first revealed that the corporate defendant had gone out of business, and therefore could not produce a witness, in his opposition to plaintiff’s first motion to strike, approximately 17 months after defendants served their answer, 8 months after the preliminary conference order directing the parties to depositions and 4 months after the deposition date. This delay was unexplained and inexcusable, since, according to the…