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ROSEN v. CORVALON, M.D.

309 A.D.2d 723 (2003)

766 N.Y.S.2d 555

DENISE ROSEN, Appellant, v. JOSE CORVALON, M.D., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided October 30, 2003.

The refusal to strike defendant's answer for failure to appear at scheduled depositions was within the court's broad discretion in the supervision of disclosure (see Nitz v Prudential-Bache Sec., 102 A.D.2d 914, 915 [1984]). As we have noted, "a court should not resort to striking an answer for failure to comply with discovery directives unless noncompliance is clearly established to be both deliberate and contumacious * * *. Moreover...

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