Unless a defendant has willfully and contumaciously failed to appear for an examination before trial, a court should not conditionally strike his answer unless he appears for a deposition on or before a date set by plaintiff, or so said the Second Department, in Patel v. DeLeon, which was decided on August 14, 2007. Instead, said the court, defendant should be precluded from offering any testimony at trial unless he appears for a deposition at a time and place mutually agreed to by the parties, but in no event less than 30 days before trial.