Garcia v La Fortuna Rest., Inc. (2013 NY Slip Op 00565)

Garcia v La Fortuna Rest., Inc.

2013 NY Slip Op 00565 [102 AD3d 638]

January 31, 2013

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 27, 2013

Milagros Garcia, Respondent,
v
La Fortuna Restaurant, Inc., et al., Appellants, et al., Defendant.

—[*1] Rubin, Fiorella & Friedman LLP, New York (Michael C. O'Malley of counsel), for appellants.

Law Offices of John P. Grill, P.C., Carmel (John P. Grill of counsel), for respondent.

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered December 20, 2011, which granted plaintiff's motion to strike defendants' answer, unanimously affirmed, without costs.

Plaintiff established that defendant Portoreal's repeated failure to comply with court directives to appear for the completion of his deposition was willful and contumacious and, in opposition, defendants failed to meet their burden of demonstrating a reasonable excuse for Portoreal's non-appearance (see Touray v Munoz, 96 AD3d 623 [1st Dept 2012]; Reidel v Ryder TRS, Inc., 13 AD3d 170, 171 [1st Dept 2004]). Concur—Tom, J.P., Andrias, Acosta, Manzanet-Daniels and Román, JJ.