Ordered that the order is affirmed, with costs.
The striking of an answer for failure to appear for depositions is an extreme remedy and should be employed only when the failure is willful and contumacious. However, in the case at bar, the conduct of the defendants in failing to appear for depositions for almost three years after the court-ordered date for depositions merits that sanction. The defendant Henry Heimstra purposefully avoided discovery by the plaintiffs...
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