When a defendant fails to comply with a self-executing, conditional order striking its answer if it does not produce a witness for deposition by a date certain, the order becomes absolute, pursuant to CPLR 3126[3]. Defendant's recourse is to move to vacate the conditional order, pursuant to CPLR 5015[a].
Humble Monkey, LLC v. Rice Sec., LLC, NY Slip Op 03470 (1st Dep't June 178, 2020)
Here is the decision.
