CLAYBOURNE v. CITY OF NEW YORK

Ordered that the order is modified, by deleting the provision thereof which imposed a sanction of $100. As so modified, the order is affirmed, with costs to the respondents.

The plaintiffs' motion pursuant to CPLR 3124 for court-ordered depositions was properly denied because no showing was made of a previous demand for pretrial examinations (see, Wiseman v American Motors Sales Corp., 103 A.D.2d 230). The sanction, however, cannot be imposed because there is neither a statute nor a court rule authorizing its imposition (see, Matter of A.G. Ship Maintenance Corp. v. Lezak, 69 N.Y.2d 1). Thompson, J.P., Niehoff, Weinstein and Spatt, JJ., concur.