Varvitsiotes v. Pierre

Citation260 A.D.2d 297,689 N.Y.S.2d 52
CourtNew York Supreme Court Appellate Division
Decision Date27 April 1999
PartiesORESTES VARVITSIOTES, Respondent,<BR>v.<BR>PAUL C. PIERRE, Appellant.

Concur — Ellerin, P. J., Sullivan, Wallach, Lerner and Buckley, JJ.

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 AD2d 488, lv denied 88 NY2d 802).

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5 cases
  • LW Holdco V LLC v. Puls
    • United States
    • United States State Supreme Court (New York)
    • July 31, 2023
    ...... court's discovery directives. "Uncontested evidence. of discovery noncompliance by defendant warranted the. striking of his answer" (Varvitsiotes v Pierre,. 260 A.D.2d 297 [1st Dept 1999]). . .          Accordingly,. defendant Puls' answer is stricken pursuant to CPLR 3126,. [1]. ......
  • Shohat v. Benzion Suky, 440 W. 41ST LLC
    • United States
    • United States State Supreme Court (New York)
    • May 25, 2017
    ...after being directed to do so by the Court warrants the granting of the requested relief in this instance. See Varvitsiotes v. Pierre, 260 A.D.2d 297, 297 (1st Dep'tPage 3 1999) ("Uncontested evidence of discovery noncompliance by defendant . . . warranted the striking of his answer pursuan......
  • People v. Ruth
    • United States
    • New York Supreme Court Appellate Division
    • April 27, 1999
  • LINTAS: NEW YORK v. DIRECT TRAVEL, INC.
    • United States
    • New York Supreme Court Appellate Division
    • April 27, 1999
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