| Bobby D. Assoc. v Ohlson |
| 2006 NY Slip Op 50058(U) [10 Misc 3d 141(A)] |
| Decided on January 19, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
PER CURIAM
Order (Arthur F. Engoron, J.), entered September 23, 2005, affirmed, without costs.
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 I concurI concur
Decision Date: January 19, 2006