LEVY v. SALKIND


276 A.D.2d 283 (2000)

713 N.Y.S.2d 863

MICHAEL LEVY, Respondent, v. MORTON SALKIND, Appellant. (And a Third-Party Action.)

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

Decided October 5, 2000.


While defendant's failure to appear for deposition, as directed by the IAS Court, in the New York offices of plaintiff's counsel, was not excused by the fact that he faced arrest on a bench warrant issued by the same court for his failure to appear at a different deposition, and the court, accordingly, properly struck defendant's answer pursuant to CPLR 3126 by reason of his contumacious and willful conduct (see, Varvitsiotes v Pierre, 260 A.D.2d 297...

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