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SEAMON v. APEL

191 A.D.2d 406 (1993)

595 N.Y.S.2d 202

Mila Seamon et al., Respondents, v. Bernard Apel et al., Defendants, and Mohamed Abbas, Appellant

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

March 30, 1993

The IAS Court did not abuse its discretion in striking appellant's answer for failure to comply with two prior orders directing him to appear for deposition. "When a discovery order is disobeyed, the court, in its discretion, may strike relevant pleadings" (Besson v Beirne, 188 A.D.2d 330, 331). "The fact that defendant has disappeared or made himself unavailable provides no basis for denying a motion to strike his answer, particularly...

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