Opinion
October 11, 1994
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Upon our review of the record, we agree with the Supreme Court that the defendant's failure to appear for a deposition, despite two previous court orders compelling her to do so, was willful and contumacious. Thus, the court was justified in striking the answer (see, CPLR 3126; Fucci v. Fucci, 166 A.D.2d 551). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.