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  5. 162 A.D.2d 259 (1990)
 

REITTE v. ENTERMY CAB CORP.

162 A.D.2d 259 (1990)

Godfrey Reitte, Respondent, v. Entermy Cab Corp., Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. Gala Taxi Service Corp. et al., Third-Party Defendants-Respondents

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

June 19, 1990

That the defendant has disappeared or made himself unavailable provides no basis for denying a motion to strike his answer, particularly in the face of continued defaults and requests for appearance for examinations before trial. (Moriates v Powertest Petroleum Co., 114 A.D.2d 888; Foti v Suero, 97 A.D.2d 748.)

In this instance, the defendant was ordered to produce for deposition...

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