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ALIANO v. LAMAINA

255 A.D.2d 276 (1998)

679 N.Y.S.2d 320

Robert J. Aliano, Respondent, v. Gregory P. Lamaina, Appellant

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

November 2, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion to strike the defendant's answer since the defendant had disappeared or made himself unavailable for scheduled examinations before trial (see, Cavallino v Sonsky, 251 A.D.2d 361; Dash v DK Tr., 239 A.D.2d 313; Rowe v Lee Gee...

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