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DI MASCIO v. FRIEDMAN

2010-04736.

83 A.D.3d 993 (2011)

921 N.Y.S.2d 538

JOHN P. DI MASCIO, Respondent, v. NEIL FRIEDMAN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2011.

Ordered that the judgment is reversed, on the law and in the exercise of discretion, with costs, the plaintiff's motion pursuant to CPLR 3126 to strike the answer for the defendant's failure to appear at a deposition is denied, the defendant's motions to vacate his default in appearing for a deposition are denied as academic, and the orders are modified accordingly.

"A court in its discretion may strike the pleading of a...

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