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BOYLE v. CITY OF NEW YORK

269 A.D.2d 135 (2000)

701 N.Y.S.2d 896

THOMAS M. BOYLE, Respondent, v. CITY OF NEW YORK et al., Defendants, and ANTONIO RODRIGUEZ et al., Appellants.

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

Decided February 1, 2000.

While defendants Rodriguez, Carro, and Ibiza Restaurant answered plaintiff's amended complaint together, only defendant Rodriguez's answer was deemed stricken. The only possible reasoning supporting imposition of that sanction against Rodriguez alone was to penalize his failure to appear for depositions pursuant to CPLR 3126; were the penalty imposed for counsel's failure to appear at a pretrial conference, then the entire answer on behalf of all of the Ibiza defendants would...

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