Opinion
No. 570763/05.
Decided January 19, 2006.
Plaintiff appeals from an order of the Civil Court, New York County (Arthur F. Engoron, J.), entered September 23, 2005, which granted defendants' motion to strike plaintiff's notice of trial and compel discovery.
Order (Arthur F. Engoron, J.), entered September 23, 2005, affirmed, without costs.
PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ.
It was not an improvident exercise of discretion for Civil Court to vacate plaintiff's notice of trial and direct plaintiff to comply with defendants' discovery demands. The Court's prior order setting a schedule for defendant Paul Ohlson's deposition and providing for sanctions in the event of his noncompliance, was not self-executing nor did it conditionally strike the answer. Significantly, at no time did plaintiff take any action to schedule said defendant's deposition.
We have considered plaintiff's remaining arguments and find them unavailing.
This constitutes the decision and order of the court.
I concur.