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WEINSTEIN v. GINDI

6291, 6292, 602563/08.

92 A.D.3d 526 (2012)

938 N.Y.S.2d 538

2012 NY Slip Op 1175

ELI WEINSTEIN et al., Appellants, v. MICHAEL GINDI, Respondent.

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

Decided February 16, 2012.

The motion court providently exercised its discretion in striking plaintiff Weinstein's pleading and dismissing his claims based on his willful refusal to appear for deposition in this action (CPLR 3126; Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219, 220 [2010]). Weinstein commenced the action in New York County and was ordered to appear for deposition by August 5, 2009. Depositions...

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