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CHASE MANHATTAN BANK v. ABAD

131 A.D.2d 312 (1987)

Chase Manhattan Bank, Respondent, v. Carlos E. Abad et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 4, 1987

Supreme Court properly struck defendants' answer pursuant to CPLR 3126. The defendants had failed to appear for examination before trial on six different dates, two of which had been court ordered. No acceptable excuses had been tendered for these repeated failures. In fact, defendants defaulted in answering the plaintiff's motion for an order striking their answer. CPLR 3126 (3) authorizes a court to render judgment by default...

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