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Garcia v. La Fortuna Restaurant, Inc.

102 A.D.3d 638, 958 N.Y.S.2d 594
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 31, 2013
StatusPublished

This text of 102 A.D.3d 638 (Garcia v. La Fortuna Restaurant, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. La Fortuna Restaurant, Inc., 102 A.D.3d 638, 958 N.Y.S.2d 594 (N.Y. Ct. App. 2013).

Opinion

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered December 20, 2011, which granted plaintiffs 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.

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Related

Reidel v. Ryder TRS, Inc.
13 A.D.3d 170 (Appellate Division of the Supreme Court of New York, 2004)
Touray v. Munoz
96 A.D.3d 623 (Appellate Division of the Supreme Court of New York, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
102 A.D.3d 638, 958 N.Y.S.2d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-la-fortuna-restaurant-inc-nyappdiv-2013.