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AMICO v. PEPE

172 A.D.2d 575 (1991)

Vincent Amico, Appellant, v. Carmin Pepe et al., Respondents

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

April 8, 1991

Ordered that the order is reversed, on the law, with costs, and the motion is granted; and it is further,

Ordered that the matter is remitted to the Supreme Court, Queens County, for an assessment of damages.

The disappearance or intentional unavailability of the defendants is not a reason, in and of itself, to deny a motion to strike the answer where there have been repeated defaults in appearances for examinations...

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