Appellate Division of the Supreme Court of the State of New York February 16, 2012 (Weinstein v. Gindi)

The motion court providently exercised its discretion in striking plaintiff Weinstein’s pleading and dismissing his claims based on his willful refusal to appear for deposition in this action (CPLR 3126; Fisk & Richardson, P.C. v Schindler, 75 AD3d 219, 220 [2010]). Weinstein commenced the action in New York County and was ordered to appear for deposition by August 5, *5272009.