OWOLABI v. FAIRVIEW NURSING HOME, INC

Ordered that the appeal from the order dated July 15, 1993, is dismissed, since no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 22, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

Upon our review of the record, we agree with the Supreme Court that the appellant's failure to appear for a deposition, despite two previous court orders compelling it to do so, was willful and contumacious. Thus, the Supreme Court properly struck the appellant's answer (see, CPLR 3126; Arnoff v. Lorio, 208 A.D.2d 581; Fucci v. Fucci, 166 A.D.2d 551). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.