GAYE v. ADNOM REALTY, INC

Although plaintiff stipulated that he would provide deposition testimony as to his actual identity, he failed to appear at three separately scheduled depositions, and, when finally deposed, was unprepared to furnish responsive answers, leaving the issue of his identity and use of an alias unresolved. Further frustrating resolution of the identity issue was plaintiff's refusal to comply with the court's direction that he provide authorizations for the release of immigration and social security records. Accordingly, in view of plaintiff's persistent noncompliance with discovery, the complaint was properly dismissed pursuant to CPLR 3126.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.