Mostow v. Shorr

Motion for an order striking ont the answer of the defendant for failure to appear for examination before trial.

The examination before trial was commenced by service of a notice. The defendant takes the unusual position that the CPLB does not provide for the relief requested and on the other hand takes the further position that only if an order for examination before trial has been obtained, can the relief sought be granted.

There is no doubt that under the Civil Practice Act the court had power to strike a pleading for willful disobedience of a notice for examination before trial. While not…