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ARNOFF v. LORIO

208 A.D.2d 581 (1994)

618 N.Y.S.2d 218

Harvey Arnoff, Respondent, v. Pia Lorio, Formerly Known as Pia Arnoff, Appellant

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

October 11, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon our review of the record, we agree with the Supreme Court that the defendant's failure to appear for a deposition, despite two previous court orders compelling her to do so, was willful and contumacious. Thus, the court was justified in striking the answer (see, CPLR 3126 [3]; Fucci v Fucci, 166 A.D.2d 551

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