BLAKE v. MAMADOU


281 A.D.2d 301 (2001)

722 N.Y.S.2d 158

LISA BLAKE, Respondent, v. BARRY MAMADOU, Appellant, and GEORGE WARREN, Respondent.

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

Decided March 22, 2001.


The record provides indication that defendant Mamadou's failure to appear for deposition was not willful, but resulted from his attorney's inability to locate him at his last known address. Although a client has an obligation to remain in communication with his attorney, defendant's failure to communicate is not by itself a sufficient ground upon which to strike his answer (see, Heyward v Benyarko, 82 A.D.2d 751

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