SILVERIO v. ARVELO

8838N, 306762/09.

103 A.D.3d 401 (2013)

959 N.Y.S.2d 175

2013 NY Slip Op 682

MARIA SILVERIO, Respondent, v. RONNY M. ARVELO et al., Appellants.

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

February 5, 2013.


Order, Supreme Court, Bronx County (Laura Douglas, J.), entered April 15, 2011, which, inter alia, granted plaintiff's motion to strike the answer of defendant Ronny M. Arvelo, unanimously affirmed, without costs.

Plaintiff established that Arvelo's repeated failure to appear for a deposition was willful and contumacious. Since defendants failed to meet their burden of demonstrating a reasonable excuse for the nonappearance, the court did not abuse its discretion...

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