GROSSO MOVING PACKING CO., INC. v. DAMENS

The responses provided by plaintiffs to defendant's first and second set of interrogatories were adequate. Defendant has failed to demonstrate that the answers provided by plaintiffs were not responsive ( see, Comstock Co. v. City of New York, 80 A.D.2d 805). Defendant's failure to appear for court-ordered depositions constituted special circumstances permitting the court to reverse the statutory priority of depositions ( see, Bucci v. Lydon, 116 A.D.2d 520, 521). We have considered and rejected defendant's remaining claims.

Concur — Nardelli, J. P., Tom, Mazzarelli, Lerner and Buckley, JJ.