Amicov.Pepe

Appellate Division of the Supreme Court of New York, Second DepartmentApr 8, 1991
172 A.D.2d 575 (N.Y. App. Div. 1991)

April 8, 1991

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is granted; and it is further,

Ordered that the matter is remitted to the Supreme Court, Queens County, for an assessment of damages.

The disappearance or intentional unavailability of the defendants is not a reason, in and of itself, to deny a motion to strike the answer where there have been repeated defaults in appearances for examinations before trial (see, Reitte v. Entermy Cab Corp., 162 A.D.2d 259; Moriates v. Powertest Petroleum Co., 114 A.D.2d 888, 889; Foti v. Suero, 97 A.D.2d 748). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.