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BLANDING v. RETURN HOUSING CORP.

277 A.D.2d 92 (2000)

717 N.Y.S.2d 23

RICHARD BLANDING et al., Respondents, v. RETURN HOUSING CORP. et al., Appellants.

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

Decided November 16, 2000.

Plaintiffs did not conclusively show that the nonappearance for deposition of defendant driver and defendant owners of the vehicle involved in the accident, in accordance with a preliminary conference order, was willful, contumacious or in bad faith, and, accordingly, their answer should not have been unconditionally stricken (see, Christian v City of New York, 269 A.D.2d 135, 137). Although somewhat belated, defendants' attorneys...

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