Opinion
April 27, 1999
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Uncontested evidence of discovery noncompliance by defendant, including his repeated and unexplained failures to attend court ordered depositions, warranted the striking of his answer pursuant to CPLR 3126 ( see, Kutner v. Feiden, Dweck Sladkus, 223 A.D.2d 488, lv denied 88 N.Y.2d 802).
Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.