Practice point: Absent evidence that defendant willfully and contumaciously failed to appear for deposition, the court will not strike the answer.
Students should note that the appropriate remedy is to preclude defendant from offering any testimony at trial.
Case: Cobenas v. Ginsburg Dev. Cos., LLC, NY Slip Op 05718 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
