HELLER v. WINTER


239 A.D.2d 120 (1997)

657 N.Y.S.2d 551

Kenneth Heller, Appellant, v. Faith Winter, Respondent. (And All Other Related Actions.)

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

May 1, 1997


Plaintiff's noncompliance with the motion court's order directing his appearance for deposition was willful, thereby justifying the conditional striking of his pleadings. Plaintiff's willful refusal to comply and his attempt to frustrate the defendants' right to obtain discovery also justify the monetary sanctions imposed except that the amount of the undertakings directed by the court was excessive to the extent...

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