Opinion
Submitted April 16, 1999
June 7, 1999
In an action to recover damages for personal injuries, etc., the defendants Sgardo E. Saavedra and Luz Quintero appeal from an order of the Supreme Court, Queens County (Golia, J.), dated May 27, 1998, which granted that branch of the plaintiffs' motion which was to strike their answer unless they provided outstanding discovery and submitted to depositions within 90 days from the date of service of a copy of the order with notice of entry.
Martin, Fallon Mullé, Huntington, N.Y. (Richard C. Mullé of counsel), for appellants.
Jacoby Meyers, Melville, N.Y. (Linda T. Armatti-Epstein of counsel), for respondents.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The fact that the appellants have disappeared or made themselves unavailable to appear at the depositions provides no basis for denying a motion to strike their answer ( see, Torres v. Martinez, 250 A.D.2d 759; Dash v. DK Tr., 239 A.D.2d 313).