Despite his assurances to defense counsel, defendant Pazmino, the driver of a car owned by defendant National Car Rental that allegedly struck and injured the infant plaintiff, failed to appear at a court-ordered deposition. Nor could Pazmino be located to reschedule a deposition. His failure to appear was wilful, justifying the relief granted by the IAS court. We are of the view, however, that the disposition reached herein, which was plaintiffs' alternate request, is the more appropriate one. The fact that Pazmino has disappeared or made himself unavailable provides no basis for denying plaintiffs the relief sought. (See, Moriates v Powertest Petroleum Co., 114 A.D.2d 888, 889.)
Concur — Sullivan, J.P., Milonas, Wallach and Kassal, JJ.