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LULL v. BREITER

127 A.D.2d 530 (1987)

Jeffrey Lull, Respondent, v. Michael J. Breiter, Respondent and Third-Party Plaintiff-Respondent, and Ryder Truck Rental, Inc., et al., Appellants. Wallace E. Throop, Jr., Third-Party Defendant-Appellant Michael J. Breiter, Respondent, v. Ryder Truck Rental, Inc., et al., Appellants, and Edward N. Francht, Appellant, and Third-Party Plaintiff-Appellant. Wallace E. Throop, Jr., Third-Party Defendant-Appellant

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

February 24, 1987

Under the circumstances present here, it was an abuse of discretion to impose the ultimate sanction pursuant to CPLR 3126, viz., unconditional striking of the pleadings, for the alleged failure of defendants Throop and Francht to appear for depositions.

Pursuant to prior court order dated August 20, 1985, defendant Francht was scheduled to appear for a deposition in New York City on September 29, 1985. Defendant Throop was...

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